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(영문) 부산지방법원 2015.10.23 2015노634
점유이탈물횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three months of imprisonment) is too unreasonable.

2. In light of all the records and arguments of this case, although the amount of damage of this case (as approximately KRW 700,000) is relatively large, there are many kinds of records of the defendant, the crime of this case has been committed during the period of repeated crime resulting from the same crime, the damage has not been recovered, the court below determined the punishment in consideration of equity in the case where the judgment is rendered simultaneously with night buildings, intrusion and theft, etc., which have become final and conclusive at the court below, there is no change of circumstances that may be special consideration in the trial, and there is no other changes of circumstances that are related to the punishment of this case, including the background of the crime of this case, age, character and behavior, environment of the defendant, circumstances after the crime, risk of recidivism, etc., the punishment of the court below is deemed appropriate

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. It is so decided as per Disposition.

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