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(영문) 대구지방법원 2015.06.18 2014노4163
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and reflects the mistake, and the Defendant later surrendered to investigation agencies, and appears to have made efforts to agree with the victim, and the primary offender is favorable to the Defendant.

On the other hand, the amount of the machinery sold by the defendant has reached KRW 150 million, and the amount of the rent that the victim has not received has not been restored to the name of KRW 80 million, the defendant has escaped from Vietnam after the crime of this case, and the fact that there has been no special change in circumstances since the trial of this case, is disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, environment, circumstances and results of the crime of this case, etc., all of the sentencing conditions in this case, and the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court [decision of type] and the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court [Special Punishment] of the type 2 (at least KRW 100 million, but less than KRW 500 million) [Special Punishment] mitigated element: Voluntary or internal accusation [the scope of recommending punishment] mitigated area: the court below's punishment is too unreasonable because it is too unreasonable in light of the defendant's number of

3. In conclusion, the defendant's appeal of this case 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.

(However, since it is apparent that the decision of the court below was omitted in the last column of the application of the law, it shall be corrected to add it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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