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(영문) 서울중앙지방법원 2013.10.18 2013노2843
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the main point of the grounds for appeal is large and the amount of embezzlement is not completely implemented, the punishment of the lower court (two months of imprisonment, two years of suspended execution, one year of probation, one year of community service, etc.) is too uneased and unreasonable.

2. The judgment of the court below is considerably larger than KRW 84 million, and the period of embezzlement is not shorter than three years and six months, even though it is recognized that it has not been agreed with the victim, the defendant has no previous record, and he has paid approximately KRW 34 million before the complaint was filed, he deposited KRW 35 million in the trial process of the court below, additionally deposited KRW 2 million in the court below, taking full account of all the circumstances, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment of the court below is too unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

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

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