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(영문) 서울중앙지방법원 2014.05.22 2014노1036

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (fine 3,00,000) is too unreasonable in view of the fact that the Defendant agreed with the victim and the Defendant’s economic situation is difficult.

2. In full view of the following facts: (a) the Defendant’s criminal records were significant; (b) the lower court is deemed to have already determined the sentence by taking into account the circumstances alleged by the Defendant; and (c) the Defendant’s age, character and conduct, environment, relationship with the victim, the details and result of the instant crime; and (d) all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime was committed, the lower court’s punishment is too unreasonable even if considering

3. Accordingly, 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 groundless. It is so decided as per Disposition.