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(영문) 의정부지방법원 2019.05.30 2018노1337
업무상횡령
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, and two years of suspended sentence: Defendant B: imprisonment with prison labor for eight months and two years of suspended sentence) of the lower court is deemed unreasonable.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all of the circumstances (i.e., the confession of all crimes during the trial, the type of business, investment situation, equity relationship, details of management participation, degree, etc.) in the records and pleadings of the instant case, even if the lower court considered the grounds for sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of all of the circumstances (i.e., the fact that the Defendant was subject to punishment for property crimes, and that some amount would have been used for the operation of the victimized Company), the Prosecutor’s assertion cannot be accepted since the sentence imposed by the lower court is too unreasonable, and there is no discovery of circumstances that could newly consider in the trial.

3. In conclusion, the prosecutor's appeal against the defendants is without merit. Thus, 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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