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(영문) 울산지방법원 2016.05.12 2015노1531
배임
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The fact that the judgment defendant recognized the instant crime and reflects it, and that there is no other criminal records other than two times of fine, is favorable to the defendant.

However, in full view of the fact that the actual amount of damage suffered by the victim due to the instant crime is not so much, damage recovery has not been made at all, and that there has been considerable time to reach an agreement with the victim, but no agreement has been reached after being given, and that the court below sentenced to the lowest sentence among the recommended sentencing guidelines set by the Supreme Court sentencing committee (one to three years) taking into account the above favorable circumstances, and other circumstances, including the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the trial process, the court below's sentence cannot be deemed to be unfair because it is excessively unreasonable. Thus, the defendant's assertion is without merit.

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

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