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(영문) 인천지방법원 2016.07.22 2016노1066

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3,000,000) against the Defendant is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant recognized the facts of the offense; (b) the victim borrowed money from the Defendant as collateral and did not repay the money to the Defendant; and (c) the Defendant did not have the same criminal record; (b) while the instant car was transferred, the damage has not yet been recovered until now; and (c) there are no special circumstances or changes in circumstances that may be considered in sentencing after the decision of the lower court was rendered; and (d) other various circumstances, which form the conditions of sentencing as indicated in the record, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime; and (b) the circumstances after the crime was committed, the lower court’s punishment is too too unreasonable, and thus, the Defendant’

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.