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(영문) 수원지방법원 2016.04.07 2015노4648
횡령
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below committed the instant crime even though the Defendant had been punished for the same kind of crime; the degree of damage caused by the instant crime exceeds 300 million won; the victim F was not recovered properly until now; the victim F did not appear at the trial date of the court below in order to avoid criminal punishment; and the circumstances after the instant crime are not good; and the court below’s sentencing conditions as indicated in the instant pleadings, such as the Defendant’s age, sexual behavior, environment, family relationship, motive and background of the instant crime, relationship with the victim, etc. are considered as being too unreasonable.

3. In conclusion, Defendant’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. Inasmuch as the scope of compensation is unclear, it is not appropriate to issue an order for compensation. Thus, Defendant’s appeal is dismissed in accordance with Articles 25(3) and 32(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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