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(영문) 서울북부지방법원 2014.01.17 2013노1297
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) although the Defendant made a confession of all of the instant crimes, the amount of damage in this case is considerable; (b) the agreement with the victim or the recovery of damage was not made; and (c) there was no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (d) comprehensively considering the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime; and (b) the sentencing guidelines of the Supreme Court Sentencing Committee, the lower court’s sentencing is too excessive and unfair, and 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 since it is without merit. It is so decided as per Disposition.

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