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(영문) 수원지방법원 2013.11.28 2013노3426
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (7 million won of a fine) is too unhued.

2. In light of the fact that the crime of this case was committed in a long-term manner that the Defendant embezzled money equivalent to the amount of money with a limited amount of money, and even if it is not possible to recover from damage until the trial of the case, the necessity of strict punishment is required, but considering the following circumstances: (a) the Defendant is against himself; (b) the Defendant is living alone as an economically poor person after divorce; and (c) the Defendant has no criminal record of the same kind; and (d) the Defendant has no criminal record of the same kind of crime; and (b) the Defendant’s sentencing conditions, such as the Defendant’s age, character, environment, etc., the Prosecutor’s assertion is not acceptable.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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