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(영문) 광주지방법원 2017.06.21 2017노1565
업무상횡령등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not significantly good, and that the Defendant appears to have escaped between several years, strict punishment against the Defendant is required.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the amount was deposited for the victim; (c) the sentencing balance with other accomplices; and (d) the Defendant’s age, sexual conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the sentence imposed by the Defendant is too heavy or too heavy; and thus, (e) the Defendant and the prosecutor’s allegation

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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