업무상횡령등
The defendant's appeal is dismissed.
An applicant for compensation shall be dismissed.
1. The sentence of the original court (one year and six months of imprisonment) on the summary of the grounds of appeal is too unreasonable.
2. The Defendant’s confession and reflects each of the instant crimes are factors favorable to the Defendant.
However, in full view of the following factors: (a) the Defendant had been punished several times in fraud; (b) the Defendant committed each of the instant crimes during the suspended execution period; (c) the total amount of damage to each of the instant crimes reaches approximately KRW 270 million; and (d) the Defendant has not recovered from damage remaining after excluding KRW 15 million; and (c) there is no change of circumstances that may be particularly considered in the trial and the Defendant’s age, sex, environment; and (d) other factors of sentencing as shown in the argument of the instant case, including the Defendant’s age, sexual behavior, and the process and consequence of each of the instant crimes; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment against the Defendant is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the defendant's appeal is dismissed in accordance with Article 364 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings since the scope of the defendant's liability for compensation is unclear. Thus, the defendant's appeal is dismissed in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Criminal Procedure Act.