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(영문) 의정부지방법원 2015.10.13 2015노1747
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) of the lower court is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness, has the unique area of the first instance court with regard to sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of such legal principles, there is no particular relationship or change in circumstances that would increase the sentence of the lower court in the trial; (a) the scope of the recommended sentence according to the sentencing guidelines established by the Sentencing Commission; (b) embezzlement and breach of trust crime group; (c) Type 2 (at least KRW 100 million, but less than KRW 500 million); and (d) the decision on the recommended area (special mitigation - substantial one company; and (e) the scope of the recommended area: the mitigated area, the scope of the recommended sentence (at least two months of imprisonment; and (b) the minimum limit of two special mitigations is reduced by 1/2): The main positive factors (the substantial one company; considerable damage recovery); (c) the general positive factors (no criminal history is clear, advanced; and (d) the Defendant’s age, character, behavior, motive, means and consequence of the crime; and (e) the sentencing of the lower court is too unfair.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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