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(영문) 수원지방법원 2013.09.05 2013노2794
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the sentence of the lower court (one year of imprisonment) is too unreasonable.

2. The court below's determination that the defendant's mistake was recognized and against it, and the total amount of damage of the crime of this case was 2 million won or more, and the victim C did not want to be punished against the defendant, but the defendant committed the crime of this case without being aware of it even during the period of the same repeated crime. The defendant committed the crime of this case, including the defendant being sentenced to suspended sentence even though he was committed for the same repeated crime, and there is more records of the crime of this case, and there is no agreement with the other victims except the above C (the above C does not want to be punished in consideration of the relationship between the defendant and the defendant, although it was not repaid for damage, considering all the circumstances surrounding the crime of this case, the circumstance and contents of the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc., it cannot be deemed unfair because the sentence of the court below is too excessive.

3. 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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