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(영문) 서울남부지방법원 2020.02.04 2017노2697
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and two months of imprisonment) is too unreasonable.

2. The Defendant, for about two months, committed the instant occupational embezzlement in which the total amount of damage was 6,200 won and the total amount was 6,200 won, and the nature of the crime is not heavy.

In addition, ① Around April 22, 2016, when the investigation and trial of this case were conducted for a long time from April 22, 2016 on the victim’s report, the agreement with the victim as well as the defendant did not fully recover from damage. ② Under the circumstance that the defendant did not pay 18 million won out of the agreed amount related to the damage not returning 27 mobile phone from which the victim entrusted the sale before the crime of this case, the victim provided an opportunity to repay his obligation by employing the defendant as a trust and employee, but the victim committed the crime of this case. ③ The defendant was present on the first day of the court below, and the defendant was aware of the progress of the trial on the same date, ③ the defendant was present on the same day, and was absent on several occasions, and the date of pronouncement was ten or more times on which the sentence was made, and thus, the defendant did not attend the trial for a prolonged period of up to 18 years in bad faith, and thus, the defendant need to have delayed the trial by public notice or delay in the appeal procedure.”

① The defendant had no record of criminal punishment before the instant case, and ② the defendant is the police.

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