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(영문) 광주지방법원 2013.11.22 2013노229
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance and nature of the instant crime, the lower court’s punishment (one year and two months of imprisonment) is deemed too unhued and unreasonable.

2. Although there are circumstances unfavorable to the Defendant, such as the following: (a) the method, content, and nature of the instant crime; (b) the volume of damage caused by the instant crime and most of the damage have not yet been recovered; and (c) the Defendant appears to have escaped abroad to criminal punishment; (b) on the other hand, the Defendant led to the Defendant’s confession at an investigative agency; (c) the Defendant partly endeavored to recover damage by paying approximately KRW 20 million to the victim; (d) G, who is an accomplice to the instant crime, was sentenced to eight months in the appellate court (Seoul District Court 2011No2441); (c) the Defendant’s age, character and conduct, environment, and circumstances before and after the instant crime, etc.; and (d) taking into account all of the sentencing conditions indicated in the instant records and arguments, 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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