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(영문) 춘천지방법원 강릉지원 2019.01.17 2018노428
업무상횡령등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unfilled and unreasonable.

2. The Defendant, taking advantage of his/her position, used his/her position as entertainment expenses and voluntarily exempted him/her from his/her own share.

Perjury is an act that obstructs the discovery of substantial truth by a judicial institution and the proper exercise of judicial power through this, and is a crime of serious social harm, such as causing confusion and incompetence in the judicial action of the State. Considering that the defendant appeared as a witness in a trial related to the above breach of trust and raised perjury, it is more

However, the total amount of damage caused by occupational embezzlement and occupational breach of trust is not more than 12 million won.

The defendant seems to have made his own effort to recover agreement and damage.

(The defendant remitted money to the account of the victim to the account of the victim, but the victim again remitted it to the account of the defendant or deposited for the defendant).

A defendant has no record of criminal punishment, except for a crime of different species and punished by a fine on one occasion before 25 years have elapsed.

In full view of such circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

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

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