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(영문) 청주지방법원 2016.12.23 2016노570
횡령
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the reasons for appeal is that the defendant asserts that the court below's punishment (one year of imprisonment for a period of four months suspended execution, one year of community service hours) is too unreasonable, and that the prosecutor argues that the above punishment is too uneasible and unfair.

2. The lower court seems to have determined the sentence against the Defendant by taking account of various circumstances, such as the fact that the amount of damage in this case was not so much and that the Defendant did not reach an agreement with the victim, that the Defendant was committed at the time of and against the commission of the crime, that a significant portion of the amount of damage was recovered, and that the Defendant

In the trial court, the crime of this case requires strict punishment of the defendant due to the crime of embezzlement by an obvious intentional act. However, in light of the above reasons for sentencing as stated by the court below, the fact that the defendant additionally deposited 7.6 million won for the victim in the trial court, it does not seem that the judgment of sentencing of the court below exceeded the reasonable limit of discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

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

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