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(영문) 인천지방법원 2014.08.29 2014노1158

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (two months of imprisonment, two years of suspended execution, and forty hours of community service) imposed by the court below against the defendant is too unreasonable.

2. The judgment of the court below is based on the following circumstances: (a) the Defendant recognized the instant crime; (b) the sum of repayment between the victim and the victim was KRW 59 million during the judgment of the court below with respect to the instant crime; (c) the victim voluntarily agreed to pay a certain amount of money from April 10, 2014 to October 10, 2015; (d) the Defendant’s withdrawal of the intent to punish the Defendant; and (e) the amount of damage caused by the instant crime was not much significant; (c) the repeated crime was committed; (d) the Defendant used part of the embezzlement as gambling fund; (e) there was no special circumstance or change that may be newly considered in the sentencing after the sentence of the court below; and (e) the Defendant’s character and conduct, environment, relationship with the victim; (e) the motive, means and consequence of the instant crime; and (e) the conditions of sentencing and the records, such as the circumstances after the commission of the crime.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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