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(영문) 창원지방법원 2013.08.13 2013노788
횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the Defendant denies his criminal act and does not reflect the instant crime, and that the victim’s damage has not been fully recovered, the summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court (a fine of five million won) is too uneased.

2. Taking into account the circumstances alleged by the prosecutor, the sloping beam of this case seems not to have been easily separated and collected because the sloping beam of this case was permanently fixed at the construction site, and even when the Defendant requested the separation and collection of the sloping beam of this case from the Defendant, the victim D Co., Ltd. did not separate and collect it for a considerable period of time (it appears that there is no risk of the collapse of the road or building even if the Defendant separated and collects the sloping beam of this case from May 2009 after the completion of the underground floor construction). In related civil cases, the decision of recommending reconciliation between the victim and the Defendant became final and conclusive and the Defendant could be deemed to have actually recovered from the damage by paying the amount to the victim. In full view of all the circumstances that the Defendant did not have any criminal record other than a single fine, and all other circumstances that form the conditions for sentencing as shown in the records of character, character and environment of the Defendant, etc., the prosecutor’s assertion above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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