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(영문) 서울서부지방법원 2013.07.11 2013노481
업무상횡령등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The prosecutor and the defendant appealed that the punishment sentenced by all the court below (one year and four months of imprisonment) is too weak or unreasonable.

Judgment

The grounds for appeal by prosecutors and defendants shall also be deemed to exist.

In full view of the following circumstances: (a) the Defendant led to the confession of each of the instant crimes; (b) the Defendant was the primary offender who has no record of committing any of the instant crimes; (c) the Defendant’s primary offender was considered favorable to the Defendant; and (d) the amount of damage from each of the instant crimes reaches KRW 170 million; and (c) the Defendant did not recover from damage up to the trial; and (d) other circumstances that form the conditions for sentencing specified in the records and pleadings, the lower court’s sentence against the Defendant cannot be deemed to have exceeded, or to have exceeded, reasonable bounds in the sentencing decision.

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the prosecutor and the defendant are without merit.

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