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(영문) 인천지방법원 2014.08.29 2014노1809
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 (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below shows that the defendant recognized the crime of this case and has a profound reflect on the depth of the crime of this case; the defendant recovered some damage related to the crime of this case 1 and 1778; the victim also stated at an investigative agency that the actual amount of damage related to each of the above crimes is about 70 million won; the defendant has a family member to support the defendant; although the defendant had been under the suspension period of execution due to the crime of this case, the defendant committed each of the crimes of this case without prior knowledge even though he had been under the suspension period of execution due to the crime of this case; the defendant committed the crime of this case repeatedly over a long period of time; the defendant committed the crime of this case [2014Da1778] although he was under the investigation of this case / [2014 Godan1861]; the amount of damage caused by each of the crimes of this case is very heavy; the victim's damage has not been recovered; the defendant has no special motive to use the defendant's money for the crime of this case and its family members; the defendant's new motive and circumstances after the suspended of this case.

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 as it is without merit. It is so decided as per Disposition.

However, the court below's decision.

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