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(영문) 수원지방법원 2016.04.08 2016노1263

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. A favorable circumstance is that the Defendant committed a crime to maintain a basic livelihood for determination, committed a violation of the depth of the crime, and the Defendant’s family member appears to suffer from difficulties due to the Defendant’s detention.

However, the fact that the amount of embezzlement is not so much, the victim is punished for the defendant, and that the criminal record of the property crime is only one time is disadvantageous.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.