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(영문) 부산지방법원 2016.11.25 2016노3251

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. It is recognized that the circumstances, such as the confession of the Defendant to commit the instant crime, and his depth reflects his mistake, and that he did not have any record of punishment for the same crime.

However, the crime of this case is deemed to have been embezzled without returning to the victim the amount of 4 million won which the defendant had been under custody for the victim, and in light of the method and content of the crime, etc., the crime is considerably poor, and it seems that the agreement with the victim or the recovery of damage has not been properly achieved until now, and there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, and other various sentencing conditions as shown in the argument of this case, such as equity in sentencing with the same or similar incidents, the age and character of the defendant, character and conduct, environment, motive and circumstance of the crime, etc., are considered, and the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

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

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) is amended to Article 70(1) of the Criminal Act.]