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(영문) 인천지방법원 2015.11.27 2015노3767

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The court below's punishment against the defendant is too unreasonable, taking into account the following factors: (a) the defendant led to the confession and reflect of the crime of this case; (b) the repayment of some of the embezzled money to the defendant; (c) the defendant did not have the same criminal record and has no record of criminal punishment exceeding the fine; (d) the crime of this case was committed in light of the circumstances and the details of the crime of this case; (c) the period of the crime of this case or the amount of the embezzlement was not significant; and (d) the damage was not recovered to the trial; and (e) the defendant was not agreed with the victim; and other various sentencing conditions specified in the records and arguments, such as the defendant's age and happiness environment;

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.