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(영문) 대구지방법원 2013.11.08 2013노2809
업무상횡령등
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and eight months of imprisonment) is too unreasonable.

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

2. As to each of the alleged unfair sentencing arguments by the public prosecutor and the defendant, each of the charges of this case was committed repeatedly because the defendant did not have been released from the court for a period of one month, and the defendant had been punished four times due to the same criminal act under the several Acts (in fact three times, three times, one time, one time, one time,), the victims are petty merchants, and the victim was using trust relationship, and the fact that the crime was poor, and that the damage was not recovered even though the amount was not much.

However, in full view of all the sentencing conditions, including the fact that the defendant recognized all the crimes of this case, the fact that the defendant reflects his mistake, most of the damaged goods are recovered, and the defendant's age, character and conduct, environment, criminal records, and circumstances after the crime, the court below's punishment is too heavy or is deemed unreasonable. Thus, each of the above arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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