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(영문) 광주지방법원 2018.07.18 2018노230
횡령
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering that the nature of the instant crime is not good, that the Defendant committed the instant crime during the period of suspension of execution, and that most of the damage recovery was not achieved until the judgment was rendered, strict punishment against the Defendant is necessary.

However, considering the conditions of sentencing specified in the pleadings of this case, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy or unreasonable, and thus, the above argument by the Defendant and the prosecutor is without merit.

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

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