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(영문) 울산지방법원 2017.7.7.선고 2016노2193 판결

업무상횡령,사전자기록등변작,변작사전자기록등·행사,사기

Cases

2016No2193. Occupational embezzlement, al.al., al.al., al.s.

event, fraud,

Defendant

A person shall be appointed.

Appellant

Defendant

Prosecutor

Newly Inserted by Presidential Decree No. 2010, Dec. 1, 201

Defense Counsel

Attorney L (Korean national ship)

Judgment of the lower court

Ulsan District Court Decision 2016Da3457, 3781 (Joint Judgment) Decided December 13, 2016

Imposition of Judgment

July 7, 2017

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Determination

In this regard, the defendant committed a crime while committing a crime, reflects the defendant's depth in depth, and the fact that the damage caused by each crime was almost recovered is favorable to the defendant.

On the other hand, the amount of damage caused by each of the instant crimes is not much specified, and during that process, the Defendant appears to be within a reasonable and appropriate scope and is considerably poor in its nature and circumstances. The victim of the crime of embezzlement wants to punish the Defendant, and the Defendant committed the instant crime even if he was punished by a fine on September 16, 2015. In full view of all the sentencing conditions specified in the instant pleadings, including the Defendant’s age, character and conduct, environment, family relationship, economic circumstances, and circumstances after the crime, etc., the lower court’s punishment seems to be unreasonable.

Therefore, the defendant's assertion is without merit.

3. Conclusion

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

Judges

Judges Lee Dong-sik

Judges Kim Jong-soo

Judges Whitek