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(영문) 부산지방법원 2015.04.16 2014노4305
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of five million won) is too large and unreasonable.

2. The judgment of the court below is the first offender who had no record of punishment prior to the crime of this case, the confession of all the crimes of this case, the defendant's response to his mistake, and the recovery of damage is being made in the form of economic difficulties, etc., in light of the circumstances favorable to the defendant, the degree of damage, etc., which are not easy to agree with the victim, and the amount of damage has not yet been repaid, and the return of the damaged vehicle has not been made, and other various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, such as the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, are considered, and the sentencing of the court below is not harsh.

3. 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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