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(영문) 서울북부지방법원 2015.09.17 2015노475
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence for one year of imprisonment) is too unhued.

2. Although the defendant denies part of each of the crimes of this case until the court below held that he was guilty, the defendant's mistake was not divided into 20 million won by denying part of each of the crimes of this case. The victim corporation D reached a considerable amount of damage suffered by the defendant's each of the crimes of this case. Although about three years and five months and six years and seven months have passed since the defendant committed each of the crimes of this case, he did not receive a letter of confinement from the victim due to the agreement with the victim. However, although the defendant did not sufficiently consult with the victim in advance, he did not receive a letter of confinement from the victim. However, the defendant did not have any record of punishment imposed more severe punishment or more severe punishment than fines for the same crime of this case. The court below submitted a repayment plan to the effect that the defendant would pay 50 million won to the victim in installments in order to change damage caused by the crime of this case. The defendant's family relation was not able to be paid to the defendant in advance and after the defendant's each of the crimes of this case, the defendant's age and circumstances surrounding the defendant's family relation.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

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