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(영문) 대전지방법원 2015.11.19 2015노2577
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment, a three-year grace period, and a community service order of 120 hours) of the lower court against the Defendant is deemed unreasonable.

2. Considering the period, method, amount of damage, etc. of the instant crime, circumstances unfavorable to the Defendant are as follows: (a) the nature of the instant crime is very heavy; (b) the Defendant was unable to agree with the victim; and (c) the damage seems to have been considerably recovered.

However, there are no specific criminal records except for the defendant who has been sentenced once to a fine for this type of crime, and the defendant embezzled money in several times without strictly separating the victim's passbook and the individual passbook, but it appears that there are some of the money used for the victim's personal bankbooks, and there are some circumstances to consider the circumstances leading up to the crime of this case, and the social relation of the defendant seems clear, taking into account other factors such as the defendant's age, character, character, environment, motive, means and consequence, various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, motive, means and consequence, circumstances before and after the crime, and the range of recommended sentencing guidelines established by the Supreme Court sentencing Commission, the prosecutor's assertion is without merit since the court below's suspended execution of imprisonment for the defendant in addition to the community service order is too unjustifiable.

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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