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(영문) 수원지방법원 2019.05.10 2018노5104
횡령등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to 8 months of imprisonment, 2 years of suspended execution, 120 hours of probation and community service) declared by the court below is too unfasible and unreasonable.

2. The lower court sentenced 8 months of imprisonment, 2 years of suspended execution, probation, social service, and 120 hours of probation, taking into account the circumstances unfavorable to the Defendant and the recommended sentencing criteria of the Sentencing Committee.

There is no circumstance in which the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion in full view of the matters that are the conditions of sentencing, the applicable sentences, and the sentencing criteria, or it is recognized that maintaining the sentencing of the lower court is unreasonable.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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