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(영문) 인천지방법원 2017.12.08 2017노3650
업무상횡령등
Text

The defendant's appeal is dismissed.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The fact that the defendant made a judgment on the grounds of appeal that he/she made a confession of the crime and recognized his/her mistake by committing the crime, there may be room to view that part of the embezzlement money and the money was paid as a profit, and the fact that the defendant is the primary offender is favorable to the defendant.

However, the fact that the sum of the amount of damage caused by the instant crime exceeds KRW 1550 million, the victims have not yet recovered from any particular damage, and the victims have requested a strict punishment against the defendant is disadvantageous to the defendant.

The scope of the recommended sentencing guidelines prescribed in the above circumstances and the above sentencing guidelines (one year to three years): The scope of the recommended sentencing guidelines (the scope of the final sentence due to the increase of multiple offenses): One year to three years (the crime of embezzlement on duty): Class 2 (one year to five hundred million won) basic area (one year) (one year to three years) - the special sentencing factor: the basic area without any specific sentencing factor (two months to one hundred million won): The basic area (one month to one year and six months) (one year and six months), including the defendant's age, sex, environment, circumstances of the crime, circumstances of the crime, etc., and the circumstances after the crime, etc., of this case.

3. Pursuant to Article 26 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the aggrieved party who has applied for a compensation order shall file an application for compensation not later than the closure of pleadings at the court of first instance or the court of second instance.

In that sense, according to the record, it is evident that the application for remedy order filed by the victim was filed on November 13, 2017, after the date of the closure of the pleadings at the trial ( November 10, 2017). Thus, the application for remedy order in this case is accompanied by the law.

4. In conclusion, the Defendant’s appeal is without merit and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

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