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(영문) 서울동부지방법원 2020.08.27 2020노488

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) deposited KRW 45 million for the victim; and (c) the fact that the judgment should take into account the equity with the case where the judgment was rendered concurrently with the offense of violation of the Attorney-at-Law Act.

However, in full view of the fact that the defendant was punished for the same crime, committed the crime of this case during the repeated crime period, and did not reach an agreement with the victim, the lower court’s sentencing appears to have been reasonably determined by fully considering all the circumstances, including the various grounds for sentencing claimed by the defendant, and there is no special circumstance to change the sentencing ex post, so the Defendant’s assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.