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(영문) 서울남부지방법원 2014.05.23 2014노547

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the amount of damage caused by the instant crime was not much significant; and (b) the Defendant did not make any effort to recover from damage even though there was a considerable period of time that could have been able to repay damage to the Defendant after the commission of the instant crime; (c) the background, means and methods of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age, character and conduct, and environment; and (e) various circumstances, which are the conditions for sentencing prescribed in Article 51 of the Criminal Act

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition

(However, according to Article 25 of the Rules on Criminal Procedure, the term “8,93,144 won” of the crime No. 5 of the judgment below is “8,906,144 won,” and “1,560,003 won” of the same act shall be “1,532,60 won,” and “10,493,761 won” of the same act shall be corrected ex officio to “10,438,745 won,” and “6 of the same act shall be corrected ex officio.