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(영문) 창원지방법원 2016.07.14 2016노80
횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution in the six months of imprisonment, two years of suspended execution, and two hundred hours of community service) is too unhued and unreasonable.

2. Determination is based on the following: (a) the total amount of embezzlement was not indicated as approximately KRW 23 million; (b) the fact that the victim did not agree with the victim is the reason for sentencing unfavorable to the victim; (c) the Defendant has led to the confession of the crime; and (d) the Defendant has no criminal record exceeding the same criminal record or fine, which is favorable for sentencing.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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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