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(영문) 서울중앙지방법원 2016.01.28 2015노4576
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (five months of imprisonment) is too unhued and unreasonable.

2. The judgment of the defendant committed the crime of this case even though he was subject to criminal punishment for the same crime, and the crime of this case was committed by the defendant while he was in charge of managing the operating expenses of the church, using public funds as living expenses and entertainment expenses, and the nature of the crime is inferior and the damage is not recovered, so strict punishment against the defendant is necessary.

However, in full view of all the circumstances in the records and arguments of this case, including the fact that the defendant reflects the crime, the fact that there are some circumstances that may be considered in the motive of the crime, and the age, sex, family environment, the amount of damage, and the circumstances after the crime, etc., even if considering the above circumstances, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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