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(영문) 창원지방법원 2013.05.02 2012노2314

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 2.5 million (a fine of KRW 2.5 million) is too unreasonable.

2. Although it is recognized that the defendant's time to commit the instant crime and misjudgments the wrong, the defendant is not deemed to have been sentenced to a fine on several occasions for property-related crimes, has the criminal history of having been sentenced to a punishment, has no effort to recover damage, and in full view of all the sentencing conditions indicated in the records and arguments of the instant case, including the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the sentence imposed by the court below is deemed to be appropriate and it is not deemed to be unfair, and therefore the defendant's assertion of unfair sentencing is without merit.

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