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(영문) 의정부지방법원 2012.11.09 2012노1850

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. Although the defendant recognized the facts charged of this case and reflected in the judgment, the corresponding punishment is inevitable as the defendant wrongfully embezzled 6 million won deposited by the defendant, the defendant did not pay damages to the victim and did not agree with the victim. In light of the sentencing grounds asserted by the defendant, the court below seems to have sentenced to the reduction of the fine amount of the summary order (3 million won) in consideration of the defendant's age, character, conduct, family relation, environment, occupation, circumstance and contents leading to the crime of this case, and circumstances after the crime, etc., the court below's sentence cannot be deemed to be unfair, since the defendant's above assertion is without merit.

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