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(영문) 인천지방법원 2017.08.04 2017노1866
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized the instant crime, and thereby is against his mistake.

There is no criminal record except that the defendant was sentenced to a suspended sentence of one year in six months of imprisonment with prison labor due to intrusion theft at night in 2014.

However, the crime of this case is deemed to have been embezzled by selling at will a passenger car owned by the victim, which the defendant was under custody for the victim, and the nature of the crime is not easy in light of the circumstances of the crime, the details of the crime, the amount of damage, and the relationship with the victim.

On January 25, 2017, which was designated by the court of the original judgment by the court of the lower court as the date of the original judgment, the Defendant was unable to appear on the date of the judgment and was nominated due to the Defendant’s absence on January 25, 2017.

The defendant was forced to leave the court of the court below's decision in order to prepare a mutual agreement and unavoidable to flee.

However, considering the fact that some of the damage has not been recovered until now, it is inevitable for the defendant to punish him/her corresponding to his/her criminal responsibility.

In addition to the above circumstances, the sentencing conditions specified in the records and arguments of this case, including the defendant's age, sexual conduct, family relationship, circumstances after the crime, etc., and the application of the sentencing guidelines according to the sentencing guidelines of the Supreme Court sentencing committee (from April to April) are as stated in the judgment of the court below.

In full view of the above, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the defendant is too excessive.

Therefore, the defendant's assertion is not accepted.

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

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