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(영문) 광주지방법원 2018.10.10 2018노2315

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment of the defendant is recognized that the defendant repents his mistake, and that the defendant has no particular criminal history in addition to the one-time fine.

However, the crime of this case is deemed to have embezzled the property of the victim who was in custody by the defendant on duty, and the nature of the crime is not good, the period of the crime is a long-term period, the amount of damage is considerable, but no damage recovery or agreement has been reached up to the trial in the case. Considering the sentencing balance with the same crime, the sentencing conditions of the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above argument by the defendant is without merit.

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.