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(영문) 창원지방법원 2016.11.24 2016노2048

횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the following: (a) the person who was killed in the market; (b) the accused led to a confession and reflect on the facts of the offense; (c) the victim L and the victim do not want the punishment against the accused; and (d) the person who was punished by a fine of KRW 1.5 million due to a drunk driving in 2007, and there is no other penalty force.

On the other hand, in light of the fact that there was no agreement with the remaining victims up to the time of the trial, and there was no specific effort for the recovery of damage, and the total amount of damage not agreed exceeds KRW 190 million, it is inevitable to pronounce strict punishment against the defendant.

In addition, considering the overall circumstances, the lower court is deemed to have determined the sentence against the Defendant by taking into account the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, and considering the various circumstances, which are the conditions of sentencing as shown in the records and pleadings of this case, it is not recognized that the lower court’s punishment is too unreasonable.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.