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(영문) 인천지방법원 2014.09.26 2014노2428
횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The fact that the sum of the damages incurred to the instant crime exceeds KRW 200,000,000 is disadvantageous to the Defendant.

However, in light of the fact that the Defendant was at the time of committing the instant crime, and the mistake is divided, the Defendant did not have any record of criminal punishment except for the sentence of a fine once, the Defendant used most of the damage amount to repay the deposit for sub-lease, loans and taxes to be paid by the victim. Rather, the victim appears to remain in the amount to be paid to the Defendant, and other various sentencing conditions in the records and arguments, such as the Defendant’s age and behavior environment, circumstances before and after committing the instant crime, etc., the Defendant’s sentence against the Defendant is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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