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(영문) 광주지방법원 2014.11.12 2014노958
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal (two years of suspended sentence in six months of imprisonment) is too unhued and unreasonable.

2. The embezzlement amount is approximately KRW 20,000,000, not agreed with the victim, while there is no previous conviction that the defendant recognized his fault, and there is no previous conviction that exceeds the fine for about 15 years, and the amount of the embezzlement amount in this case is used as business expenses of the company rather than personal use, and the disabled with the right bridge cut down and is not good for health, etc. In full view of other favorable circumstances, the lower court’s punishment is not deemed unreasonable because it is too unaffortuous, considering various sentencing conditions shown in the argument in this case, such as the background of the crime in this case, circumstances after the crime, age, character and conduct, and environment. Thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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