beta
(영문) 인천지방법원 2016.05.20 2016노946

횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) against the Defendant is too unreasonable.

2. The judgment of the court below is recognized in light of various circumstances, including the fact that the defendant recognized the facts of the crime and reflects the fact of the crime in this case, and that the defendant was about to resolve the financial shortage, and there are circumstances that could be considered in the process of the crime in this case. Meanwhile, the damage was not significant, and there was no agreement with the victim, and there was no special circumstance or change of circumstances that could be considered in sentencing after the decision of the court below was rendered, and other circumstances that are conditions for sentencing in this case, such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, etc., the defendant's assertion is not unfair because the sentence of the court below is too excessive. 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.