beta
(영문) 수원지방법원 2021.01.15 2020노6138

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: Sentencing;

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court.

In addition, in full view of all the conditions of the arguments and the records of the instant case, including the details and contents of the instant crime, the motive, means and consequence of the instant crime, the amount of damage amount to KRW 60,000,000, and the amount of damage has not yet been recovered to the extent that the damage has not yet been recovered, and in full view of the criminal records, the criminal records of the Defendant, the circumstances after the crime, the relationship between the Defendant and the victim, and the age, character, character, occupation, family relationship, economic situation, health condition, etc., the sentencing of the lower court that sentenced the Defendant to six months

3. Accordingly, the defendant's appeal cannot be accepted, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.