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(영문) 의정부지방법원 2016.01.22 2015노3049

업무상횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. We examine the facts charged in the instant case. The following facts are acknowledged as favorable to the Defendant: (a) the Defendant made a confession of the facts charged in the instant case and made a statement that his depth reflects his mistake; (b) the Defendant’s friendship desires to have his wife; and (c) there are dependents.

However, in light of the contents, method, and degree of damage, etc. of each of the crimes of this case committed by the defendant, each of the crimes of this case committed by the defendant is not less than the nature of the crime, the victim's agreement or efforts to recover full damage has not been made up until five years have passed, the defendant has been punished for embezzlement in the course of business, and the court below seems to have sentenced 10 months of imprisonment within the scope of the recommended sentence set by the sentencing guidelines in full consideration of the various circumstances of the defendant, and there is no special change of circumstances that can reduce the sentence of the court below at the trial of the same and similar cases, and there is balance of general punishment in the same kind and similar cases, and other circumstances that form the conditions for the sentencing of this case, such as the defendant's age, sex behavior, intelligence and environment, and motive, method and consequence, frequency and period of the crime of this case, degree of damage, actual acquired criminal proceeds, circumstances after the crime, relationship with the victimized company, criminal record, family relation, health condition, etc., the court below's assertion is not reasonable and reasonable.

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.