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(영문) 청주지방법원 2019.06.14 2019노466
횡령
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. A favorable circumstance is that the Defendant’s attitude to recognize and reflect the instant crime is favorable to the Defendant’s and prosecutor’s assertion of unfair sentencing, and that only the Defendant was punished once for a crime of driving under the influence of alcohol.

On the other hand, the amount embezzled by the defendant has reached KRW 11 million, and from the investigation stage to the present, the amount of damage has not been repaid and the damage has not been recovered.

In full view of the circumstances surrounding the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, means, and consequences, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, 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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