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(영문) 울산지방법원 2017.09.08 2017노885
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (five months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the fact that the Defendant did not have the same criminal record, and the Defendant has committed a crime against his depth while committing the crime, and has endeavored to recover damage by returning part of the embezzlement, etc., and that social ties relationship is relatively clear, such as booming the Defendant’s wife, etc., which is favorable to the Defendant.

On the other hand, in light of the period of the instant crime, the size of embezzlement, etc., the nature of the crime, and the circumstances of the crime are not provided against the defendant, and the damage recovery is insufficient, and the victim wants to be punished against the defendant. In addition, comprehensively taking account of the defendant's family relation, health conditions, age, sexual conduct, environment, circumstances after the crime, whether there was a change in the circumstances after the sentence of the lower judgment, and the scope of the recommended punishment according to the sentencing guidelines, such as the defendant's overall sentencing conditions and the scope of the recommended punishment pursuant to the sentencing guidelines, the lower court's punishment cannot be deemed reasonable and appropriate.

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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