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(영문) 수원지방법원 2015.02.05 2014노7131
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant is a situation favorable to the defendant that the defendant committed a crime by living in prison for a four-month period, that the amount of damage caused by the crime of this case is not so significant, and that the economic situation of the defendant is not good.

However, considering the fact that the Defendant committed the instant crime during the period of repeated crime due to night building intrusion, theft, etc., the history of punishment under the same type of crime is several times, the damage was not recovered, the Defendant did not agree with the victim, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, even if considering the favorable circumstances as seen earlier, it does not seem that the lower court’s sentence against the Defendant is too unreasonable.

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

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