logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.01.19 2016노2631
횡령등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds of appeal (unfair sentencing) is unreasonable as it is too uneasible to the defendant's punishment (two years of suspended sentence in August, and one hundred and twenty hours of community service order).

2. In full view of the following factors: (a) the nature of the instant crime is not good; (b) the Defendant was subject to a disposition of suspension of indictment twice due to the Defendant’s violation of the Electronic Financial Transactions Act; (c) the Defendant’s confessions the instant crime; (d) the amount of damage to the instant embezzlement is not so significant; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment against the Defendant is too uneasible and unreasonable. Therefore, the Prosecutor’s argument of

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

arrow