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(영문) 서울남부지방법원 2016.07.08 2016노514

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.

2. Determination ① The facts that the Defendant recognized the instant crime and reflected are favorable.

(2) However, in full view of all the circumstances, including the fact that the Defendant committed the instant crime even though he had been sentenced to a suspended sentence twice for the same crime as the instant case, the Defendant did not repay the damage despite the amount of damage inflicted by the instant crime, there is no change in circumstances that may additionally be reflected in the sentencing after the lower judgment was sentenced, and ③ other circumstances that form the conditions for sentencing, such as the background, means, consequence, and the circumstances after the instant crime, the sentence of the lower court is too unreasonable.

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.