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(영문) 서울동부지방법원 2019.03.29 2019노50
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the grounds for sentencing asserted by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is modified.

3. As such, 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.

(However, it is clear that part of the attached list 1 of the judgment of the court below was omitted, and that the "total of KRW 4 million" in the third 20 of the judgment is a clerical error in the "total of KRW 2 million". Pursuant to Article 25 (1) of the Regulations on Criminal Procedure, ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure, a list 1 of the attached list of the judgment of the court below is replaced by a list of crimes in this case, and the "total of KRW 4 million" is amended to "total of KRW 2 million".

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