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(영문) 광주지방법원 2018.12.12 2018노2934

업무상횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the judgment of the defendant is divided into his mistake, the amount of damage is not significant, and some damage is deemed to have been returned to the victims.

However, the nature of the crime of this case is not good, the defendant committed the crime of this case repeatedly during the suspension period of execution for the same kind of crime even though he had been tried two times, and repeated the crime immediately before being detained even during the investigation and trial of this case, up to the trial of this case, the damage recovery or agreement due to the crime of this case has not been reached, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex and behavior, environment, motive, means and consequence of the crime, etc., are too unreasonable, and the above assertion by the defendant 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.