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(영문) 수원지방법원 2016.10.26 2016노5157
업무상횡령
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. We also examine the Defendant and the Prosecutor’s assertion of unreasonable sentencing.

The defendant is a first offender who has committed a mistake.

On the other hand, the crime of this case is an embezzlement of the victim's property that the defendant had been in custody in the course of his business, and the nature of the crime is not good when considering the frequency of the crime and the amount of damage.

Most of the victims did not recover from damage.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions for sentencing as indicated in the instant records and pleadings, the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed that it is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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