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(영문) 광주지방법원 2017.06.14 2017노1516
업무상횡령
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is based on the following circumstances: (a) the instant crime was committed over a long period using the victim’s trust; (b) the amount was considerable; and (c) the victim wants to punish the Defendant; and (d) the Defendant is against the Defendant’s consent to all the instant crime; (b) the Defendant was an initial offender who has no record of punishment; and (c) approximately KRW 200 million was repaid after the commission of the crime.

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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