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(영문) 인천지방법원 2013.08.13 2013노1668
업무상횡령등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (one year of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. The crime of this case was committed for a long time by a public official who received an administrative fine, etc. and embezzled without paying it to the National Treasury. The act of this case was committed with a false official document, and the Defendant’s act was committed with heavy nature in light of the method, frequency, and amount of embezzlement.

On the other hand, the fact that the crime of this case is committed, the defendant was committed against himself, and the defendant was faithfully employed as a public official for about 20 years, some of the embezzlement amount has already been repaid, and the remainder of the embezzlement amount can be appropriated from retirement pay, and there is no criminal conviction against the defendant, etc. are favorable to the defendant.

In addition, considering the Defendant’s age, character and conduct, background and result leading to the instant crime, the circumstances before and after the instant crime, and various sentencing conditions as shown in the instant records and arguments, it is not deemed that the sentence imposed by the lower court is too minor or unreasonable.

3. In conclusion, since the 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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