beta
(영문) 인천지방법원 2015.01.16 2014노3807

업무상횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. In full view of all the circumstances, including the fact that the defendant recognized each of the crimes of this case, the fact that each of the crimes of this case was committed simultaneously with the previous crimes of this case in which the judgment of the court below became final and conclusive, the fact that there was a family member to support the defendant, and some of the circumstances as argued by the defendant are exempted from consideration. However, there are records of punishment that the defendant had been punished several times for the same crime, the damage amount of the defendant's each of the crimes of this case is not significant, the defendant did not agree with the victims, the defendant did not have any special circumstances or circumstances that may be newly considered in sentencing after the decision of the court below, and other circumstances that are conditions of the argument and the sentencing specified in the records of this case, such as character and conduct of the defendant, environment, relationship to victims, motive and means of the crime of this case, the motive and consequence of the crime of this case, and the circumstances after the crime.

Therefore, the defendant's assertion of unfair sentencing 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.