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(영문) 창원지방법원 2017.05.25 2017노94
횡령
Text

The defendant's appeal is dismissed.

Reasons

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

2. In light of the aforementioned favorable sentencing grounds, including the following facts: (a) the Defendant’s confession of the crime and the Defendant’s confession, and the absence of the same criminal record for the past twenty (20) years; (b) the amount of embezzlement is large at KRW 130 million; (c) the Defendant’s age, family relation, economic situation, circumstances leading to the crime and motive; and (d) all other matters on the sentencing as indicated in the records and arguments on the change of the records of this case, the lower judgment’s punishment is deemed appropriate; and there is no change of circumstances to be further considered in the first instance trial, and thus the Defendant’s assertion is without merit.

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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