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(영문) 수원지방법원 2016.07.08 2016노2845
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined that the Defendant was unable to pay the rent for the machinery as indicated in the judgment in the instant case due to the business shortage, and determined a punishment by taking account of favorable circumstances in sentencing, such as the fact that the Defendant was unable to return the machinery as indicated in the judgment, but the amount of damage was disposed of to the victimized company and the amount was not recovered despite the maximum amount of damage caused by the use of the disposal price, etc., and that the Defendant was in bad faith, and that there was no criminal history against the instant crime, and that the Defendant was deemed to be a malicious crime, and that it was caused by the business crisis of the company run by the Defendant.

A thorough examination of the reasons for sentencing of the lower court and the fact that there are no special circumstances to change the sentence of the lower court for the first time, and considering the following factors: (a) the Defendant’s age, sex, criminal records, motive and means of crime, and the circumstances before and after the commission of the crime, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

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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