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(영문) 의정부지방법원 2016.12.06 2016노2879

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects his gender, and that there is no criminal record for the same kind of crime.

B. However, the lower court’s punishment is too unreasonable even if it takes into account the circumstances favorable to the Defendant as seen earlier, based on the following circumstances: (a) the crime was committed in a planned manner for three years; (b) the amount of damage incurred by the instant crime was 373,474,883 won; (c) the amount of damage was not agreed with the victim; and (d) the damage was not recovered; and (e) the Defendant’s age, details of the crime, and circumstances after the crime were committed; and (b) the amount of damage was not recovered; and (c) other circumstances, which are the conditions for sentencing specified in the instant argument.

Therefore, the defendant's above assertion 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.