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(영문) 수원지방법원 2019.09.19 2018노7775
배임
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable.

2. The instant crime is recognized as having been committed in violation of the Defendant’s duty to pay KRW 21,80,000 to the victim’s guidance, and is used as one’s own living expenses, etc. without paying the guidance. In light of the method and content of the instant crime, the nature of the crime is considerably poor, and the victim appears to have suffered mental pain for a long time due to the instant crime, but it appears that the lower court’s sentencing had already been considered.

In addition, in full view of the circumstances such as the confession of the Defendant to commit the instant crime, and the fact that the Defendant has no criminal record against his/her mistake, etc., the equity in sentencing with the same and similar incidents, as well as other various sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence, etc., it is not recognized that the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

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

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