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(영문) 인천지방법원 2015.10.16 2015노3032
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment is based on the fact that the defendant recognized the crime of this case, and there is no record of punishment for the same kind of crime (the original judgment was written as the first offense, but it appears to be a clerical error).

However, since the crime of this case has been embezzled for a long time, the nature of the crime of this case is not weak, the damage was not repaid to the court below even though the amount of damage was a significant amount, and there was no agreement with the victim, there was no change in special circumstances or circumstances that can be newly considered in sentencing after the decision of the court below, and there was no change in the defendant's age, character and character, environment, circumstances and result of the crime of this case, and all of the sentencing conditions indicated in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion is not acceptable.

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

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