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(영문) 서울중앙지방법원 2017.05.12 2017노754
횡령등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

Although the appellate court has reached an agreement that the victim I paid the amount of damage to the crime of embezzlement of KRW 700,000 to the victim I, there is no change in other circumstances.

In full view of the circumstances in the judgment of the court below and the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and all the sentencing circumstances in the records and arguments, even considering the circumstances asserted by the Defendant and the prosecutor for each appeal, the court below’s punishment is too heavy or unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, 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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