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(영문) 대구지방법원 2020.02.14 2019노5045
업무상횡령등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the defendant recognized all of the crimes of this case and reflects them, and that there is no criminal record exceeding the fine.

However, the crime of this case is also recognized that the defendant embezzled the sum of 98,812,30 won, including the settlement money, the mobile phone 39 units, and the mobile phone sales proceeds, and 26,60,000 won, which is the sum of 26,60,000 won from 2 individuals, the crime of this case is very poor, the damage was not recovered, the victim did not agree with the victims, the victim did not want to punish the defendant, and the defendant had been punished once as a crime of fraud.

In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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