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(영문) 광주지방법원 2016.07.13 2016노1400
횡령
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant’s mistake is properly recognized and reflected, and that the Defendant appears to be not good at present, etc.

On the other hand, the sum of the amount of damage caused by the instant crime is approximately KRW 21 million, and the Defendant did not agree with the victims until the depth of the party. In the past, the Defendant had been punished several times by frauds of the type similar to the instant crime (as it belongs to selling a dog or salt farm instead of a dog or salt farm, and by acquiring a dog or salt farm through a driedation), and in particular, the Defendant committed the instant crime during the period of repeated crime, despite having been sentenced to imprisonment for two months and four months by frauds, etc. at the Gwangju District Court on May 15, 2014 and completed the execution of the sentence on November 13, 2014.

In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too heavy or unreasonable, and thus, the aforementioned argument by the Defendant and the Prosecutor is without merit.

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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