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(영문) 인천지방법원 2017.01.11 2016노4434

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant's mistake was recognized when he was in the trial for the first time, the fact that there was no punishment for the same kind of crime, and the fact that the loss was caused to the crime of this case due to the aggravation of management, etc. However, even though the amount of the damage in this case is reasonable, the damage was not recovered until the trial for the first time, and all the sentencing conditions indicated in the records and the theory of changes, such as the defendant's age, sex, sex, occupation and environment, motive and circumstance of the crime, after considering the above circumstances, the court below's punishment is too unreasonable even if considering the above circumstances favorable to the defendant.

Therefore, we cannot accept the defendant's above assertion.

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.