logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.02.07 2013노2891
업무상횡령
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendant, the lower court’s imprisonment (four months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The following circumstances are favorable to the Defendant: (a) the Defendant’s assertion of the judgment and the prosecutor together; (b) the Defendant recognized the instant crime; (c) the Defendant deposited the victims’ total sum of KRW 20 million in the future; (d) the victim E and the victim G deposited KRW 6 million in the future; and (e) the Defendant did not have any history of punishment in excess of the same kind and fine.

However, the crime of this case was embezzled by using trust relationship with victims for a considerable period of time, and the total amount of damage is the maximum amount of KRW 45,692,456, and the defendant was unable to reach an agreement with the victims up to the trial, and the fact that the recovered damage was considerable, etc. are disadvantageous to the defendant.

In full view of the above favorable sentencing factors and unfavorable sentencing factors, the defendant's age, family environment, circumstances before and after the crime, and various sentencing conditions shown in the records and arguments, the court below's sentencing against the defendant is too heavy or less severe, and thus, the defendant and the prosecutor's above assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow