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(영문) 대전지방법원 2014.04.17 2013노3263

배임

Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (10 months of imprisonment) is too unreasonable.

Judgment

When the defendant was in a trial, all of the crimes of this case are recognized, depth is divided and reflected, and the fact that the defendant has no record of the same kind of crime is favorable to the defendant.

However, in full view of the following: (a) the amount of money received by the Defendant from the victims is reasonable; and (b) part of the money received by the Defendant from the victims is not for the establishment of art gallery, but for personal use; (c) certain damages were recovered; and (d) most damages were not recovered; and (e) other sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, are considered unreasonable.

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.