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(영문) 부산지방법원 2018.02.09 2017노2719
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (1.5 million won in penalty) imposed by the court below is too unreasonable.

2. The fact that the judgment of the commission of a crime is recognized and reflected, that there was an agreement with the victim, and that there was no criminal record for the same kind of crime are favorable circumstances.

However, the lower court appears to have determined the sentence in consideration of the favorable circumstances, and in full view of the various circumstances, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, etc., it is difficult to view that the lower court’s sentence is too unreasonable, as it is too unreasonable, considering the following: (a) there is no change of circumstances that may be considered in the new sentencing after the lower judgment was rendered; (b) there is no small scale of damage; and (c) there is a history of criminal punishment several times; and

Therefore, we do not accept the above argument of the defendant's above sentencing.

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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