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(영문) 광주지방법원 2014.08.13 2014노1425
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (4 months of imprisonment) is too unreasonable.

Judgment

It is more favorable that the defendant's mistake is recognized, and that the first offender who has no previous conviction is the first offender.

However, in light of the fact that the amount of damage was approximately KRW 25 million, and the fact that the damage was recovered to this court or that the damage was not agreed with the victim is disadvantageous, and other factors of sentencing as shown in the argument of this case, such as the background of the crime of this case, the circumstances after the crime, the defendant’s age, character and conduct, etc., are considered as a whole, the court below’s punishment is too unreasonable. Thus, the defendant’s assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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