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(영문) 수원지방법원 2016.10.14 2016노5496
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. In full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake and reflects his mistake; (b) the Defendant repaid KRW 1 million to the victim on March 28, 2016; and (c) the Defendant did not have any record of exceeding the same criminal records or fines; (c) the Defendant did not reach an agreement with the victim; (d) the amount of damage was not recovered; (e) the victim was punished; (e) there was no change in the circumstances that may be considered in sentencing after the decision of the lower court; and (e) other various circumstances, including the Defendant’s age, character, character, environment, motive, background, means, and consequence of the crime, and the circumstances before and after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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