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(영문) 인천지방법원 2015.10.23 2015노3090

업무상횡령

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. In light of the favorable circumstances, such as the Defendant’s confession and reflect on all the instant crimes, the fact that some of the sectional owners of the victim management body do not want the Defendant’s punishment; however, in light of the background and content of the instant crime, the nature of the crime was extremely poor; the damage was recovered without a large amount of the period of the instant crime or the amount of the embezzlement; or the victim management body was not agreed upon; the Defendant was sentenced to two years of suspension of execution on September 23, 201 at the Busan District Court Branch Branch Branch of the Incheon District Court, Incheon District Court, but was sentenced to two years of suspension of execution due to occupational embezzlement, etc.; the Defendant partially committed the instant crime during the suspension of execution; and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment; and the circumstances before and after the instant crime, etc., it cannot be deemed unfair for the lower court to impose excessive punishment on the Defendant.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.