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(영문) 대전지방법원 2018.02.08 2017노2747
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the prosecutor’s appeal grounds (for six months of imprisonment and two years of suspended execution) which the court below rendered is too unfasible and unfair.

2. The defendant's crime of this case is recognized that the defendant, who had worked as the apartment management warden, has embezzled management expenses accumulated under the name of the long-term repair appropriation for a long-term period, and that the crime is very serious in light of the method, period, amount of embezzlement, etc. of the crime.

However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant paid KRW 25 million to the victim at the lower court; (c) the Defendant paid additional KRW 5,300,000 to the victim; (d) the Defendant has no record of criminal punishment; and (e) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (e) other factors of sentencing as indicated in the records and the theory of changes, such as the circumstances after the commission of the crime, etc., the sentence of the lower court against the Defendant cannot be deemed unfair because it is too unreasonable

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

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