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(영문) 서울고등법원 2019.01.08 2018노2894

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable;

2. The circumstances favorable to the defendant include the fact that the defendant voluntarily surrenders, that the defendant has no criminal history, that there is a family member to support the defendant.

On the other hand, the crime of this case is highly likely to be committed in light of the relationship between the defendant and the victim, the details and means of the crime, the period and frequency of the crime, and the amount of damage, etc., and the defendant's arbitrary withdrawal of association funds exceeding 2.8 billion won over 64 times in the nearest period of 2 years and 7 months.

Defendant

According to one's own argument, the actual balance of damage exceeds KRW 80 million, and the members of the victim's association want to punish the defendant.

Such circumstances are disadvantageous to the defendant.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable that the appellate court respects the sentencing of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Examining the following circumstances in full view of the Defendant’s age, character and conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., as well as all the sentencing conditions indicated in the instant argument, including the circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court’s sentencing committee, the lower court’s sentence is deemed unreasonable.

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