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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The misunderstanding of facts and misapprehension of the legal doctrine are merely a mere expression of opinion, and even if the expression of family opinion is not a expression of opinion, the Defendant embezzled the victim.
Since there was a good reason to believe that the act of this case for the public interest was illegal in accordance with Article 310 of the Criminal Code.
2) The sentence sentenced by the lower court (a suspended sentence: a fine of KRW 500,00) is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court also made the same assertion in the trial, and the lower court rejected the Defendant’s assertion and convicted the Defendant of the instant facts charged, taking into account the circumstances acknowledged by the evidence duly admitted and investigated.
Examining the above judgment of the court below in comparison with records, the judgment of the court below is just, and it is erroneous in the misapprehension of legal principles as alleged by the defendant and thereby affecting the conclusion of the judgment.
subsection (b) of this section.
B. In full view of the factors indicated in the records of the instant case’s judgment regarding the Defendant and the Prosecutor’s wrongful assertion of sentencing, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various sentencing grounds asserted by the Defendant and the Prosecutor, and no special circumstance exists to the extent that the lower court’s punishment should be changed.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit. Thus, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.