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(영문) 대전지방법원 2013.09.05 2013노1031
횡령등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (four months of imprisonment) is too unhued and unreasonable.

Judgment

In light of the Criminal Code, the frequency of crimes, the amount of fraud, etc. of this case, and the fact that the damage was not recovered at all, it is recognized that the crime of this case is not easy, but, on the other hand, the crime of this case is related to the same kind of embezzlement for which judgment has become final and the crime of this case under the latter part of Article 37 of the Criminal Act as stated in the first head of the crime of this case as indicated in the judgment of the court below and the latter part of Article 39 (1) of the Criminal Act, and it is necessary to consider equity in the case where the crime of this case and the crime of this case are concurrently judged under Article 39 (1) of the Criminal Act, there is no record of punishment for the same crime except for the previous offense of embezzlement

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

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