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(영문) 대전지방법원 2016.05.26 2015노3261
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (7 million won in penalty) is too unreasonable.

2. The fact that the defendant is against the judgment, the initial common expenses were created according to the academic practice of the academic community in order to use them as attendance at the academic society, the Institute's ceremony, training of physical strength, and light survey expenses, etc. The amount equivalent to the embezzlement was returned, the defendant appears to have achieved certain results in the university and the environmental public academic community, and some rap researchers of the damaged person already wanted to take the wife, the defendant was subject to a three-month disciplinary measure of suspension from office due to the instant crime, there was no criminal punishment, and the minor child is the most favorable for the defendant.

However, even if the creation and use of common expenses are in accordance with the above practices, this case is an individual use of the above expenses for a long time without any reflective consideration at the location where it is difficult to deem the Defendant to be a legitimate use of common expenses due to research activities, such as the Defendant’s payment of one’s room monthly expenses or the purchase of toys from abroad with the common expenses created by the personnel expenses of the victims.

In addition, comprehensively taking into account all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

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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