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(영문) 서울남부지방법원 2020.06.23 2019노471
횡령
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of grounds for appeal each unfair sentencing (the original judgment: Imprisonment with prison labor for six months, the suspension of execution for two years, and the community service order for 160 hours);

2. In light of the facts that the Defendant is against the judgment and that there was no prior conviction for the Defendant, the fact that there was no prior conviction for the Defendant is not agreed with the victims due to the unfavorable circumstances, and considering the various conditions of sentencing as shown in the instant pleadings, such as the motive and background of the crime, the degree of damage, the purpose of embezzlement, the character and conduct of the Defendant, home environment, etc., the sentence imposed by the court below cannot be deemed to be too heavy or unreasonable.

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.

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