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(영문) 대전지방법원 2016.08.11 2016노1492
업무상횡령
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (one year of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. The following facts are favorable: (a) the Defendant’s mistake is against himself; and (b) the Defendant’s punishment should be determined in consideration of equity with the case where the instant crime is concurrent crimes after the final judgment of the lower court and the latter after Article 37 of the Criminal Act.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, occupation, environment, motive, means and consequence, etc., the judgment of the court below exceeded the reasonable bounds of discretion, in light of the following: (a) the Defendant’s age, sex, occupation, environment, motive of the crime, means and consequence; and (b) the fact that the amount of damage from the crime of this case exceeds KRW 300 million; and (c) the victim did not receive full recovery from the agreement or complete damage to the victim from

It does not seem that it does not appear.

Therefore, since it is not considered that the sentence of the court below against the defendant is too heavy or it is unfair because it is too heavy, the defendant and the prosecutor's improper argument in sentencing are without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, the summary of the evidence as stated in the judgment of the court below is "each investigation report (No. 44, 45, 46, 49 No. 49)" and each investigation report (No. 44, 45, 49) shall be corrected as follows.

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