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(영문) 전주지방법원 2014.04.18 2014노14
업무상과실장물취득
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (for a period of four months of imprisonment without prison labor, one year of suspended execution, and 80 hours of social service) declared by the court below is too unfasible and unreasonable.

2. The judgment of the court of first instance that the defendant purchased approximately KRW 79 million in the market price that Co-Defendant A stolen with a mental age of 9 years and 6 months due to occupational negligence, which is about KRW 520,00,000,000 in the market price that Co-Defendant A stolen with a mental age of 9 years and 79 million, and the amount of damage is substantial, and the quality of the crime is not good, and the defendant does not agree with the victim, etc., which is unfavorable to the defendant, or there is no criminal record exceeding the same criminal record or fine, as the defendant led to the confession of the crime of this case, and there is no criminal record exceeding the same criminal record or fine. Among the damaged goods of this case, the victim was temporarily returned to the victim, and the damage of the victim was recovered by paying KRW 39,00,000 to the victim under the consent of the victim, and the defendant appears to have no special benefit due to the crime of this case, taking full account of various circumstances that form the sentencing conditions of this case after the crime.

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

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