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(영문) 인천지방법원 2014.08.08 2014노1889

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. In full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) there is no record of embezzlement against the Defendant; (c) there is no record of the Defendant’s embezzlement; (d) the instant crime is a crime that could have been tried simultaneously with the previous offense in the judgment of the lower court; and (e) there is a family member to support the Defendant; (b) the Defendant’s damage was not completely recovered from the instant crime; (c) there is no change in circumstances or circumstances that could be newly considered in sentencing after the sentence of the lower judgment; and (d) other circumstances that are conditions for the pleadings and the sentencing specified in the records, such as the character and conduct of the Defendant, environment, relationship with the victim; and (e) the motive and means of the instant crime;

Therefore, the defendant's assertion of unfair sentencing 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.