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(영문) 서울중앙지방법원 2018.09.07 2018노1565
횡령
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (two years of suspended sentence in August) is too unreasonable.

Judgment

In full view of the following circumstances: (a) the Defendant led to the confession of a crime and agreed with the victim at the lower court; (b) the amount of the instant embezzlement is considerably high as KRW 80 million; (c) the sentence of the lower court is within the scope of sentence recommended on the sentencing guidelines; (d) there is no particular change in circumstances that may consider the sentencing after the lower court’s judgment; and (e) other various conditions that form the conditions for sentencing as specified in records and pleadings, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

Therefore, 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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