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(영문) 서울동부지방법원 2016.01.28 2015노1604

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable for six months of imprisonment with prison labor sentenced to the defendant.

2. As to the reasons for appeal, there are extenuating circumstances, such as the fact that the Defendant acknowledges a mistake and repents, and that the Defendant is an initial offender who has no previous criminal record.

However, upon examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is appropriate, and the amount of punishment imposed by the Defendant is not unreasonable. It does not seem that the amount of punishment imposed by the lower court is unreasonable.

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.

참조조문