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(영문) 창원지방법원 2017.05.17 2016노2645 (1)
횡령등
Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

The lower court rendered a sentence in consideration of the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., under the unfavorable circumstances that the Defendant committed the instant crime during the period of suspension of execution due to the same kind of crime, and considering the favorable circumstances that the Defendant agreed with the victims, and determined the sentence in consideration of the sentencing conditions.

Although the Defendant has been repeatedly denied, the Defendant appears to have engaged in delivery agency business by taking charge of Kwiksetset and settlement of accounts, etc. under the “BD,” which led to each of the crimes of this case (see the content reported by the Defendant to the Protection and Observation Office). Each of the crimes of this case is a situation unfavorable to the Defendant, where each of the crimes of this case was relatively weak or was committed by showing multiple power to the victims of age, and the nature of the crime is not good.

However, the degree of participation by the defendant in each of the crimes of this case is relatively minor, the defendant suffers from the blood plate reduction certificate, and the health of the defendant is not good by undergoing the surgery for removal of the previous vision, and the defendant has yet to be young, the defendant's father has been able to prevent the defendant from repeating a crime, and to help the defendant grow up as a sound social person, and the relationship between the defendant and his family members seems to be clear, in full view of all the circumstances favorable to the defendant and each of the sentencing conditions in the court below, and all of the sentencing conditions in the court below cannot be deemed to be excessively weak or unfair.

Therefore, the defendant and the prosecutor's argument are without merit.

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

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