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(영문) 서울동부지방법원 2019.07.18 2019노388
횡령
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The grounds of appeal (unfair punishment) asserts that the Defendant is too unfeasible that the lower court’s punishment (five million won of a fine) is too unfasible, and the prosecutor asserts that the lower court’s punishment is too unfased and unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, namely, the form and degree of damage of the crime of this case, the defendant committed the crime of this case during the period of repeated crime, the defendant confessions and reflects the fact that the defendant committed the crime of this case during the period of repeated crime, the defendant received considerable money from the victim, and other circumstances, including the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the sentencing of the court below seems to have been appropriately determined by fully considering all the circumstances, including the above normal relation, including various reasons for sentencing asserted by the defendant and the prosecutor, and there are no special circumstances to the extent that the sentencing should be changed ex post facto, and therefore,

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

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