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(영문) 의정부지방법원 2014.04.03 2013노2398
업무상횡령등
Text

Defendant

All appeals by prosecutors 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 uneasible and unreasonable.

2. In light of the following circumstances: (a) the sum of the damage amount to the instant crime exceeds 100 million won; (b) the long-term embezzlement and breach of trust has been repeated; (c) the poor quality of the crime was committed by actively manipulating documents in the course of embezzlement and breach of trust; and (d) the damage appears to have been almost not recovered; (b) considering the favorable circumstances in which the Defendant denied a part of the crime but the Defendant appears to have recognized and reflect all of the crime; and (c) in light of all the sentencing conditions indicated in the instant records, such as the Defendant’s age, character and behavior, environment, and circumstances after the crime, the sentence of the lower court against the Defendant is too heavy or unreasonable.

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

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