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(영문) 부산지방법원 2018.02.23 2017노4548
배임
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant’s mistake reflects on the part of the Defendant, the fact that there was no previous conviction in addition to a fine for a single type of a fine, a relatively old (age 69 years old) and the fact that the Defendant became dead by the husband after the instant case.

However, the defendant's act in violation of his duty as a leader does not cause damage to the members of the fraternity (total amount of KRW 108,684,00).

Considering various sentencing factors against the Defendant, the lower court sentenced the lower court’s recommendation sentence (one year to three years of imprisonment) by the Sentencing Committee, and it cannot be said that the lower court’s sentence is too excessive and unfair.

Therefore, the defendant's argument of sentencing 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 groundless.

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