logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.12.18 2014노6087
배임등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment against the defendant (three months of imprisonment with prison labor for each of the crimes listed in subparagraphs 1 and 2-A and b of the original decision), two-C of the original decision, and five months of imprisonment with prison labor for each of the crimes listed in subparagraph 2-D of the original decision) is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. In full view of all the sentencing conditions indicated in the records and arguments of this case, considering the following factors: (a) the Defendant’s mistake is divided; (b) the victim I and H have been repaid a certain amount at the investigation stage; (c) the first and second crimes as indicated in the judgment of the court below; and (d) the case and equity should be considered at the same time as the case of embezzlement for which the judgment has become final and conclusive; and (d) each crime as described in Section 2-C of the judgment of the court below is committed during the period of suspension of execution sentenced to occupational embezzlement in 2013; (c) the victim has four persons; (d) most of the damages have not been recovered; and (e) other unfavorable circumstances such as the Defendant’s age, character and conduct, environment, circumstances after the crime was committed; and (e) all the sentencing conditions indicated in the records and arguments of this case including the records and arguments of this case, it cannot be deemed unfair because the punishment

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.

arrow