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(영문) 수원지방법원 2013.11.21 2013노4349
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.

2. In full view of various circumstances, including the fact that the Defendant had already been punished several times for the same crime, that the Defendant committed the instant crime during the period of repeated crime after having been sentenced to eight months of imprisonment for the crime of fraud and completed the execution of the sentence, and that the Defendant committed the instant crime again during the period of repeated crime, the victim is a majority, and that the amount of damage was not minimal, as well as the fact that the Defendant’s punishment appears to be appropriate, and thus, the Defendant’s assertion is not acceptable.

3. According to the conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. [However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, Article 25 (1) of the Regulations on Criminal Procedure, the part of "the pertinent Article of the Criminal Act (amended by Act No. 11731, Apr. 5, 2013; hereinafter the same applies)" in the application of Article 5 of the judgment of the court below shall be corrected to "the Criminal Act", and it

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