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(영문) 수원지방법원 2014.07.03 2014노1930
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. Determination takes account of the fact that the defendant repents the wrong facts, the fact that the defendant has no criminal records exceeding the fine, etc. However, the amount of the crime in this case is the maximum amount of KRW 17.9 million, however, there is no circumstance in which the defendant made efforts for the recovery of damage, and the defendant has been punished several times as crimes of occupational embezzlement in 2012, such as punishment of a fine of KRW 2 million, etc. In addition, in full view of all the sentencing conditions as shown in the records and arguments of this case including the defendant's age, character and conduct, environment, circumstances after the crime, etc., it cannot be said that the punishment imposed by the court below is heavy.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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