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(영문) 전주지방법원 2015.06.05 2015노181
횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In light of the fact that the defendant did not make any effort to recover damage to the victim, and that the defendant committed the crime of this case again despite the fact that he had been punished for the same kind of crime in the past, there seems to be a need to punish the defendant strictly.

However, in light of the fact that the amount of damage caused by the instant crime is not significant, and all of the sentencing conditions in the instant pleadings, such as the Defendant’s age, character and conduct, family environment, etc., it is not recognized that the lower court’s sentence is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

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

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