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(영문) 서울중앙지방법원 2017.04.20 2016노5304

업무상횡령

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. The fact that the defendant led to confession and reflects his mistake is favorable to the defendant.

However, the circumstances are that the Defendant is disadvantageous to the Defendant, such as the following: (a) the Defendant’s trust in the process of conducting auction business; (b) embezzlement of the damaged goods; and (c) the use of the damaged goods as repayment of other debts; (c) the nature of the crime of this case was bad; (d) the damage was not recovered; and (e) the Defendant has two times

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence of the court below cannot be deemed unfair because it is too unreasonable for the court below to impose the sentence.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.