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(영문) 인천지방법원 2014.02.07 2013노2156
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (one year of suspended sentence for four months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized all the instant crime and against his mistake; (b) the Defendant already returned the vehicle embezzled by the instant crime to the victim; and (c) the Defendant had no record of punishment for the same kind of crime.

However, in full view of the facts that the court below determined the punishment by fully considering the circumstances favorable to the defendant, and there is no change of circumstances such as the payment of unpaid rent for the vehicle up to the trial of the party, and there is no agreement with the victim, the market price of the vehicle embezzled by the defendant is not at least 17 million won, and other various sentencing conditions in the records and arguments, such as the defendant's age, family environment, and the circumstances before and after the crime, the sentence against the defendant is too unreasonable.

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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