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(영문) 인천지방법원 2020.12.03 2020노2980
횡령등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of KRW 10 million) imposed on the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The fact that the defendant, while making a confession of the crime of this case, is divided, and that the balance with the case where the judgment was rendered simultaneously with the crime for which the judgment became final and conclusive, is more favorable.

On the other hand, considering the following circumstances: (a) no particular damage recovery has been performed up to the trial; (b) the victims were punished against the Defendant; and (c) the details and degree of damage of the instant case; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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