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(영문) 의정부지방법원 2020.10.15 2020노491
횡령
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

(Aggravation of Sentencing) Defendant A of the lower judgment’s sentencing: Fine of KRW 3 million Defendant B: Decision of KRW 1.5 million

A. In full view of the circumstances that the Defendant A led to the confession of each of the crimes of this case, and that there was no past history of criminal punishment, etc., the Defendant did not receive a letter of consideration from the victims until the court below rendered a favorable judgment or the court below, and the conditions of sentencing under Article 51 of the Criminal Act, including the circumstances that have not been properly recovered from damage, the judgment of the court below is acceptable, and it is not unreasonable for the Defendant to assert it.

B. In full view of the facts that Defendant B led to the confession of the instant crime, etc., Defendant B did not receive a written request from the victim, which was favorable to the Defendant, up to the trial court, and did not properly recover from damage, and that there was a past record of having been punished several times for the same kind of crime, such as fraud, etc., the amount of punishment imposed by the lower court is acceptable, and there is no allegation that the Defendant is unreasonable.

In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendants are without merit. It is so decided as per Disposition.

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