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(영문) 의정부지방법원 2016.10.11 2016노2065

업무상횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, and that the Defendant has no criminal record beyond the suspended sentence.

B. However, the Defendant embezzled not only the total amount of 25 million won of the company funds over several occasions, but also committed the crime of inflicting bodily injury by deceiving the police officer who received a report and assaulting the police officer upon receiving the report. The nature of the crime is very poor, the crime of obstruction of performance of official duties requires strict punishment as a crime detrimental to the State function by nullifying legitimate exercise of public authority, the crime of obstruction of official duties is not agreed with the victim, the payment of damages was not made at all, there is no special change in circumstances after the sentence of the lower judgment, and other circumstances favorable to the Defendant in the instant argument, such as the Defendant’s age, circumstances leading to the crime, and the circumstances after the crime, etc., are considered as inappropriate even if the above circumstances favorable to the Defendant are considered, it is not determined that the lower court’s punishment is too inappropriate.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal 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.