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(영문) 서울북부지방법원 2014.05.30 2014노252
업무상횡령등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant, who made a confession of all of the instant crimes and is in violation of depth; and (b) the Defendant, in 2010, has no record of being punished for the same crime, in addition to the punishment of a fine for fraud

Meanwhile, among the crimes of this case, all of the remaining crimes except the fraudulent conduct against the victim AE among the crimes of this case are disadvantageous to the defendant, such as the fact that the defendant was employed as an employee of the law office without being faithful to this part, and that the crime was committed by taking advantage of his status is not very good. The degree of damage, such as the amount of damage caused by the occupational embezzlement of this case exceeds KRW 157 million, and that there was no agreement with the victims or no recovery from damage until the trial of the case.

In full view of these circumstances, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive or circumstance of the offense, means and consequence, etc., the sentence imposed by the lower court is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and 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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