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(영문) 광주지방법원 2016.06.22 2016노1178

업무상횡령등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is a favorable condition that the Defendant committed the entire crime of this case, and that the Defendant did not have any record of being punished for the same crime.

On the other hand, the court below seems to have determined punishment in consideration of such favorable circumstances, and there is no new change in circumstances to be considered in sentencing after the sentence of the court below is pronounced, and the sum of the amount embezzled or acquired by the defendant exceeds KRW 130 million, and the defendant uses the above money for gambling on the Internet, etc., and the defendant does not take any measures to recover damage to the victim up to the trial of the court below.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, sexual conduct, environment, etc., various sentencing conditions and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee, etc., 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.