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(영문) 광주지방법원 2018.08.07 2018노1738
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant recognizes all of the crimes of this case and reflects it, and the equity should also be taken into account when the judgment was rendered concurrently with each of the crimes listed in the judgment of the lower court.

However, the crime of this case is not appropriate because the defendant embezzled about KRW 100 million from two victims, and acquired approximately KRW 100 million from four victims.

The defendant has been punished several times for the same crime, and he did not receive a letter of suspicion from the victims until the trial of the party.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

3. In conclusion, 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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