logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.08.28 2015노592
업무상횡령등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (ten months of imprisonment, two years of suspended execution) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case requires strict punishment for the Defendant, considering that the Defendant, while operating an automobile industrial company, arbitrarily uses the money received from the victims who are customers with the purchase price of the vehicle and the repair cost of the vehicle, and embezzled property worth approximately KRW 25 million in total by providing a vehicle in custody for repair purposes as a security, and the Defendant has a record of criminal punishment against a person who intends to purchase a vehicle even before the instant case.

However, it is also recognized that the circumstances can be considered favorable to the defendant, such as the confession of the crime of this case and the defendant's mistake against the victim's N in the trial, the defendant agreed to both with the victims by further agreement with the victim's N in the trial, and the defendant has no record of criminal punishment exceeding the fine. Considering the above circumstances and all other factors of sentencing specified in the argument of this case, such as the defendant's age, character and conduct, family environment, it is not deemed that the sentence of the court below is too weak or unreasonable. Thus, both the prosecutor and the defendant's assertion are without merit.

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

arrow