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(영문) 광주지방법원 2016.03.23 2015노2134

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence for four months of imprisonment) is too unreasonable.

2. The judgment of the court below is recognized as a whole and against the defendant's mistake, the defendant seems to have been fully recovered from damage by paying 16,50,000 won to the victim, and the fact that there is no criminal record against the defendant, etc., considering favorable circumstances or favorable circumstances, the court below also rendered a sentence, taking into account the above favorable circumstances, and there is no change in circumstances to be considered in sentencing after the decision of the court below, the number of the defendant embezzled (16,263,650 won) and the amount (16,263,650 won) are not many. In addition, in full view of the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., as well as the result of the application of the sentencing guidelines of the Supreme Court Committee, the above argument by the defendant is without merit.

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