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(영문) 부산지방법원 2014.05.01 2013노4227
업무상횡령등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

As to the sentencing of the court below (one year of imprisonment, three years of suspended execution, three years of community service, 320 hours), the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

In light of various circumstances, such as the fact that the Defendant made a confession of all the crimes of this case, and the share of the Defendant reaches a considerable degree, and that the amount of damage was not entirely used for personal purposes, etc., which are favorable to the Defendant, and that it did not reach an agreement with the victim up to the trial even though the amount of damage was not considerable, and that the Defendant committed the crime of this case at least eight times, including the past record of having been sentenced to a suspended sentence due to the same kind of crime, even though there was a past record of criminal punishment for a total of eight times, the Defendant committed the crime of this case, which are disadvantageous to the Defendant, such as the equity of sentencing with the same and similar cases, the motive and background of the crime of this case, the circumstances after the crime, the Defendant’s age, character and conduct, and environment, etc., the sentencing of the lower court is too excessive or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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