beta
Text
Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. Improper sentencing for each of the reasons for appeal;
2. The lower court rendered a sentence by taking account of the following favorable circumstances: (a) the crime of invalidation of an indication in the line of duty is not very good; (b) the agreement with a lending company that purchased a claim from the victim’s two capitals with the entire amount of actual damage; and (c) the crime of embezzlement also takes into account the fact that the machinery was disposed of only two months after the lease contract and deposited only KRW 13 million out of the actual damage amount; (c) the Defendant partly compensated for the damage; (d) the Defendant did not have a criminal record of the same kind or suspension of execution; and (e) the fact that there was no criminal record of the same kind or suspension of execution; and (e) the fact that the crime
The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.
The circumstances required for each appeal (the prosecutor refers to the records of the crime of the defendant, the gravity of the crime, the defendant's failure to reach an agreement by closing down the victim's two capitals, all sales proceeds are used to pay wages to workers, there are family members, including students' children, and the punishment of the accomplice and the equality of the punishment of the accomplice) have already been considered in the original judgment. Thus, the above sentencing conditions have been significantly changed in the first instance trial.
It is difficult to see it.
In light of the above sentencing’s comprehensive consideration, it cannot be deemed that the lower court’s punishment is too light or unreasonable.
Therefore, the defendant and the prosecutor's argument are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of the appeals is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.