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(영문) 대구지방법원 2018.03.23 2017노1374
업무상횡령등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unhued and unfair.

2. The crime of this case was committed by all of the victims using trust relationships with the defendant, and the crime was bad in quality, the amount of damage is high, and the damage was not recovered, and the defendant was temporarily deprived after occupational embezzlement was discovered, and the defendant committed the crime of this case while the crime was committed is disadvantageous to the defendant.

However, considering the favorable circumstances that the Defendant recognized the instant crime, except for the fact that the Defendant received a fine of one million won in 1996, and that there was no criminal history, the Defendant’s age, sexual conduct, environment, family relationship, circumstances leading to the instant crime, means and consequence, and all of the sentencing conditions stated in the records and arguments, including the circumstances after the commission of the crime, the sentence imposed by the lower court is appropriate and the sentencing judgment by the lower court exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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