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(영문) 수원지방법원 2015.04.17 2015노817
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

Judgment

The facts that the defendant confessions and reflects, that part of the amount of damage has been repaid, that there is a family member to support, and that there is no criminal record other than the fine of this species, etc. may be considered as favorable to the defendant

However, there are many circumstances unfavorable to the defendant, such as the fact that the unrefised amount of damage exceeds KRW 80 million, the fact that the victim did not agree with the victim, the victim wanting to punish the defendant, and the fact that the quality of the crime was poor in light of the period, frequency, frequency and method of the crime in this case.

In this context, considering various conditions of sentencing, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the fact that the court below made the sentence within the scope of the recommended sentencing guidelines, the sentence imposed by the court below is too unreasonable.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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