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(영문) 서울남부지방법원 2013.05.31 2013노496

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (2.5 million won) is too large.

2. In full view of all the circumstances, the lower court’s judgment appears to have determined the penalty by reducing the amount of fine (3 million won of a fine) of the summary order against the Defendant, taking account of the fact that the Defendant had the history of criminal punishment for the same kind of crime, and other various sentencing conditions as shown in the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance after the crime, etc., it cannot be deemed that the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.