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(영문) 대전지방법원 2016.06.01 2015노3912

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. The judgment of the Defendant is based on all of the instant crimes, and the amount embezzled was returned, and the circumstances favorable to the Defendant, such as having no record of punishment for the same kind of crime, may be recognized.

However, there is a little amount of embezzlement by the Defendant, and the Defendant’s use of the position of the head of the victim’s branch to commit the instant crime, and in light of the circumstances leading to the instant crime, the crime is bad, and most of the embezzlements are likely to be abused for personal use.

I seem to appear.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., there is no special change in the sentencing conditions indicated in the records, such as the circumstances after the crime, the lower court’s punishment cannot be deemed unfair because its punishment is too 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.