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(영문) 수원지방법원 2015.04.10 2015노337
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The fact that the defendant confessions and reflects the judgment, and that there is no record of punishment or punishment exceeding the fine for the same kind of crime, etc. are favorable to the defendant.

However, in full view of the following circumstances: (a) the amount of damage caused by the instant crime is not a small amount; (b) the amount of damage was repaid to the victim or did not reach an agreement with the victim; (c) the lower court appears to have determined the sentence by fully taking into account the circumstances favorable to the Defendant; and (d) there was no change of circumstances that could vary from the lower court’s judgment and the punishment; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and behavior, environment, background, means and consequence of the crime

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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