점유이탈물횡령
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too heavy (2 million won).
2. The Defendant recognized all of the instant crimes, and all of the instant goods were returned or returned to the victims.
However, the crime of this case is not likely to be a crime because the defendant embezzleds high-priced smartphones with passengers of the taxi operated by him.
The defendant has a record of criminal punishment on several occasions, including punishment for larceny crimes.
In addition, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in full view of the following: (a) the Defendant’s age character and character environment; (b) the motive and means of commission of the crime; and (c) the circumstances after the crime.
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion 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.