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(영문) 부산지방법원 2014.12.11 2014노3180

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The judgment of the court below is delivered a summary order of a fine to the defendant, considering the following factors: (a) the defendant is against the judgment; (b) the defendant has no criminal records of the same kind or more than imprisonment without prison labor for the defendant; and (c) the defendant has agreed to do so in the investigation stage; (d) the extent of the amount embezzled by the defendant is unreasonable; (b) the defendant's request for the transfer of the case two times by the investigative agency has taken place; and (c) the defendant has been issued a summary order of a fine to the defendant for delay of investigation; (d) the above favorable circumstances have been taken into account as much as possible; and (e) the court below has no change of circumstances that may be considered in sentencing; and (e) there are other various circumstances, including the motive and circumstances of the crime of this case, the age, character and conduct of the defendant;

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