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(영문) 부산지방법원 2018.05.31 2018노996
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Until now, it is recognized that the Defendant was sentenced to a fine of KRW 1 million for the same type of crime around July 23, 2001, but the Defendant is entirely aware of the fact that the amount of embezzlement is no damage or agreement to the name of KRW 100,000,000, the Defendant’s age, occupation, family relation, and circumstances after the crime, etc., as a whole, considered the sentencing conditions as revealed in the lower court’s and the party’s oral argument, and thus, the sentence imposed by the lower court is not harsh

3. Accordingly, 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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