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(영문) 서울남부지방법원 2014.05.30 2014노534
업무상횡령등
Text

The defendant's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of unreasonable sentencing, the Defendant’s attitude of reflecting the Defendant’s criminal act seems to be favorable to the Defendant.

However, the Defendant committed each of the instant crimes during the grace period after being sentenced to imprisonment with prison labor for six months, a suspended sentence for two years, and the Defendant was sentenced to imprisonment with prison labor for each of the instant crimes, and committed each of the instant crimes during the pertinent grace period; the total amount of damage incurred by each of the instant crimes was KRW 116 million; the Defendant did not recover from damage to the Defendant in the first instance trial; there is no change in circumstances that may be considered in sentencing after the lower judgment; and other circumstances that form the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background, means and methods of the instant crime, the outcome of the instant crime, the circumstances after the crime, the Defendant’s age-oriented environment, etc., are considered as being too unreasonable.

B. We examine ex officio the determination on the application of the applicant for compensation by the applicant for compensation, and the application of the instant compensation order by the applicant for compensation was made on May 14, 2014, which was after the closing of argument in the trial, and is unlawful without need to further examine, in violation of Article 26(1) of the Act on Special Cases Concerning the Promotion,

3. In conclusion, the appeal of this case by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application of the compensation order by the applicant for compensation is unlawful. Thus, it is decided to dismiss it in accordance with Article 32(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided

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