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(영문) 광주지방법원 2020.06.04 2020노124
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (four months of imprisonment) is too unreasonable;

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the Defendant; and (b) it is difficult to see that the amount of embezzlement is significant.

On the other hand, the fact that the defendant has been punished by imprisonment with prison labor many times due to larceny, etc., and that the victim's damage has not been recovered is disadvantageous.

In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

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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