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(영문) 전주지방법원 2016.07.15 2016노534

배임

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and reflects the mistake; and (b) the fact that there is no history of any particular criminal punishment other than that sentenced to a fine once for the instant crime committed against the Defendant.

On the other hand, the crime of this case is a case in which the defendant, the main owner of the number fraternity, arbitrarily consumeds the total amount of KRW 22.5 million paid by the victims who caused the fraternity, and the nature of the crime is not weak, and the victims' damages have not been recovered up to the trial, and it seems difficult to expect recovery in the future, etc. are disadvantageous to the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, 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.