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(영문) 수원지방법원 2018.08.24 2018노3157
횡령등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the appeal is that the court below's punishment is too heavy or frightened (the defendant) against the defendant as to the main point of the appeal.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as stated in its holding, determined the sentence by comprehensively taking into account all the circumstances favorable to the Defendant and unfavorable circumstances, as well as all the circumstances alleged by the prosecutor and the Defendant on the grounds of each appeal, appears to have been considered in the sentencing process of the lower court.

There is no special change in sentencing conditions in the past.

In full view of various circumstances, such as the Defendant’s age, sexual conduct, environment, family relation, criminal history, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, the defrauded money and the room for embezzlement, etc., the lower court’s punishment against the Defendant is too heavy or unbrupt to be unfair as it goes beyond the reasonable scope of its discretion.

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

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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