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(영문) 대구지방법원 2016.10.14 2016노604
업무상횡령등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unafford that each sentence imposed by the court below on the Defendants (one year and four months of imprisonment and three years of probation, probation, community service, two hundred hours of probation, ten months of imprisonment and two years of probation, one hundred and twenty hours of probation, and one hundred and twenty hours of community service) are too unafford.

2. The judgment of this case is an amount exceeding 50 million won in total, and the defendant Eul has no criminal record exceeding 50 million won in total, and the defendant Eul has no criminal record of any previous criminal record, and the defendant's age, character and conduct, environment, family relations, circumstances after committing the crime of this case and all the circumstances of the court below's oral proceedings including the records and arguments of this case are not acceptable since the crime of this case is deemed to be bad in light of the law of the crime of this case, such as the defendant's arbitrary payment of oil from his customer after forging the application for deposit transaction was forged, and the defendant's arbitrary payment was divided into some of the amounts. Meanwhile, the defendants are recognized as all the facts charged of this case and they are against their wrongness. The defendant Eul paid 5 million won to each company, the defendant Eul did not have a criminal record exceeding 31.3 million won, and the defendant Eul had no criminal record of any previous criminal record, and the defendant Eul's age, character and conduct of the defendants, family relations, etc. and the judgment conditions after the crime are not justified.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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