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(영문) 부산지방법원 2015.01.29 2014노4457

업무상횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession of each of the crimes in this case and appears to repent of his mistake, and that the defendant has no record of punishment for the same kind of crime.

However, the lower court appears to have determined a sentence by fully taking into account the circumstances favorable to the Defendant, and there is no change of circumstances that would be different from the lower court’s punishment for the first time in the trial; the total amount of damage of each of the instant crimes is KRW 78,00,000; the victims did not reach an agreement or recover from damage up to the trial; and in full view of various factors, such as equity in sentencing with the same and similar cases, Defendant’s age, character and conduct, motive for the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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