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(영문) 부산지방법원 2017.04.13 2016노4582
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (two years and six months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the fact that the defendant made a confession of all of the crimes in this case and reflects the mistake in depth, and that it is necessary to consider equity with the case of being tried together with the special larceny crime in which the defendant has already been tried.

However, the crime of this case is committed by the defendant by acquiring KRW 33 million from the victim Q Q, and embezzled or driving the company's vehicle without the driver's license by personally using the aggregate of KRW 160,344,000,000 from the customer's price of goods collected from the customer. Even while the crime of this case is tried in the above case, it commits the theft of property by intrusion on another's shop at night, or by using truck 4,313 km in the workplace, and the crime is committed; in light of the circumstances and frequency of the crime; the criminal liability is very heavy; the defendant did not make any effort to recover the victims' damage; in our criminal litigation law, which takes the trial-oriented principle and direct principle, there is no change in the area of the first deliberation as to the sentencing of the defendant; and if it does not exceed the reasonable scope of the first sentencing, it does not constitute a change in the circumstances of the court below's sentencing, and it does not seem reasonable and reasonable to respect the defendant's age beyond the reasonable scope of discretion (see Supreme Court Decision 201365Da265, etc.).

The conclusion is.

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