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(영문) 서울남부지방법원 2015.01.30 2014노2160

횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment shows the attitude of the defendant to reflect on his criminal act, and the fact that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.

However, each of the crimes of this case was committed several times, and thus, the nature of the crime is not good in light of the frequency of the crimes, the total amount of damage is not less than KRW 48 million, and the damage recovery was not performed up to the trial. After the judgment below, there is no change in circumstances in consideration of sentencing following the judgment below, and there is no reason to regard the circumstances of the crime of this case, the means and method, the result of the crime, the circumstances after the crime, the defendant's age, happiness, and environment, etc., and all other circumstances that are conditions for the sentencing prescribed in Article 51 of the Criminal Act as stated in the records and arguments of this case, it cannot be deemed that the punishment imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.