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(영문) 대전지방법원 2017.06.29 2016노2523
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 1.5 million won) is too unreasonable.

2. In the instant case where the Defendant voluntarily consumed approximately KRW 2.89,00,00, which the Defendant kept in custody as a criminal agreement gold, the Defendant recognized a criminal act, and the Defendant is treated with disabilities of class 5 with physical disability, alcohol, and is under medical treatment with the existence of alcohol, and there is no economic situation as a basic recipient, and the instant crime is in the relation of concurrent crimes of group after Article 37 of the Criminal Act with the crime of fraud, etc. for which the judgment has become final and conclusive, and thus, the equity with the case to be judged shall be considered at the same time as a favorable circumstance for the Defendant.

However, the defendant did not agree with the victim, and the defendant seems to lack efforts to recover damage.

Many of the defendants have the same kind of criminal records and different types of criminal records, and most of them have criminal records.

In addition, in full view of all the sentencing conditions shown in the instant case, including the character, conduct, environment, and consequence of the Defendant’s crime, the sentence imposed by the lower court is appropriate and too unreasonable.

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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