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(영문) 대전지방법원 2017.11.23 2017노1917

횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The rationale behind the judgment is that the Defendant recognized all of his/her criminal acts and against the mistake, that the Defendant appears to have repaid the victim corporation the amount of KRW 2.5 million in the trial of the party, and that the sentence of this case should be determined by taking into account equity with the case where the judgment was rendered simultaneously with the charge of forging official documents for which the judgment became final and conclusive.

However, the Defendant, as a certified judicial scrivener, embezzled the expenses related to registration received from a client, and commits a crime that has been committed until the alteration or exercise of a certified copy of the registry in order to conceal the same, is bad; the Defendant did not reach an agreement with the victim; and the Defendant did not fully pay the amount of damage. In addition, the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the instant records and the trial process, such as the circumstances before and after the crime, are considered as a whole, it cannot be deemed that the Defendant’s sentence against the Defendant is too unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

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.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, among the application of the judgment of the court below, the phrase “Article 225 of the Criminal Act (the foregoing Article),” “Article 229 and Article 225 of the Criminal Act (the exercise of the above investigation document),” in the column for “Article 225 of the Criminal Act,” shall be corrected as “Article 225 of the Criminal Act (the modification of official document), Articles 229 and 225 of the Criminal Act,” and “the exercise of the modified official document.”