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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.04.29 2015노6035
점유이탈물횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below that recognized the crime of this case when the defendant was in the trial, the amount of damage is small, and the victim does not want the punishment of the defendant. However, the defendant is subject to the suspended sentence of imprisonment for larceny twice, and the defendant was punished for the crime of embezzlement twice. All the above 4 cases committed the crime in the race track, which is maintained by Min society, like the crime of this case, and the crime of this case is not seen as contingent crimes. The above larceny is committed in the race track, which is maintained by Min society. The above theft is not committed under the retail Market Act. The court below seems to have reduced the fine amount under the summary order by considering the above favorable circumstances. The court below did not change any special circumstances or circumstances that can be newly considered in the sentencing after the sentence of the court below, and considering all the circumstances such as the defendant's character and conduct, environment, motive and means of the crime of this case, the motive and consequence of the crime of this case, the circumstances after the crime, etc., the judgment of the court below is too unreasonable and there is no reason for the defendant's assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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