logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.11.17 2017노772
업무상횡령
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (Defendant A: a fine of three million won is suspended, Defendant B: a fine of one million won is suspended) declared by the lower court against the Defendants is too uneasible.

2. The lower court seems to have sentenced the Defendants to the punishment by taking into account the favorable and unfavorable circumstances to the Defendants.

When comprehensively considering the motive, circumstance, and result of the crime in the trial, the circumstances after the crime, the age of the Defendants, sexual conduct, and the history of punishment, as well as the matters constituting the conditions of the punishment in the trial, the judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, the Prosecutor’s ground of appeal against the Defendants cannot be accepted in entirety.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow