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(영문) 광주지방법원 2014.05.07 2014노440
점유이탈물횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The judgment of the court below recognizes the defendant's mistake, the damage caused by the crime of embezzlement of stolen property was returned to the victim and the amount of the fraud was not significant, etc., but the defendant can have a criminal record of fraud due to the misappropriation, and the fact that the damage was not recovered due to the misappropriation is disadvantageous. In full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the court below's punishment is too unreasonable. Thus, the defendant's argument is without merit.

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

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