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(영문) 인천지방법원 2016.12.09 2016노3751

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (six million won of a fine) is too unreasonable.

2. The judgment of the court below is that the defendant's mistake is recognized as a primary offender, and there is a favorable circumstance for the defendant, such as the fact that voluntary mediation has been formed with the payment of KRW 20 million to the victim in the relevant civil cases (this Court Decision 2016Da35023) after the instant case. However, the instant crime is that the defendant embezzled the custody of convenience store by taking advantage of the victim's occupational trust relationship with the victim, and the crime of this case is considerably poor in light of the circumstances, method, etc. of the crime, the damage is not small, the damage is not small, and all the sentencing conditions of the instant case, such as the defendant's character and behavior, environment, age, family relationship, motive, circumstance, size, period, means and result of the crime, etc., are too unreasonable.

3. Therefore, 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

(However, since the criminal facts of the judgment of the court below are clear that "D" in the first sentence is a clerical error of "E", it shall be corrected ex officio to "E" in accordance with Article 25 (1) of the Regulations on Criminal Procedure.