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(영문) 인천지방법원 2014.10.01 2014노1404
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too untile and unfair.

2. Determination is a large amount of money that the Defendant arbitrarily disposed of exceeds KRW 100 million, which is disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant committed the instant crime; (b) there is no history of criminal punishment for the same type of crime; (c) the fact that a DNA bus shipping company that purchased buses from the Defendant pays bus payments to the victim company; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age and happiness environment; and the circumstances before and after the commission of the instant crime, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

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

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