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(영문) 광주지방법원 2017.03.30 2016노4610
업무상횡령
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (eight months of imprisonment) so long as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment too unfasible and unfair.

2. The fact that the defendant recognized all his mistake and reflected his mistake is favorable to the defendant.

On the other hand, it is disadvantageous to the defendant that the victim company did not suffer a significant damage, that the damage of the victim company was almost not recovered, and that the defendant did not receive a letter from the victim company.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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