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(영문) 서울동부지방법원 2015.03.26 2015노189
업무상횡령등
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment is a favorable condition to the defendant, such as the fact that the defendant confessions all of the crimes in this case and reflects against the defendant, and that there are family members to support

However, the defendant committed each of the crimes of this case, even though he was sentenced three times due to the crime of forging private documents, even though he had a number of criminal records, and again committed each of the crimes of this case even though he had been sentenced to punishment more than three times, and the amount of occupational embezzlement was a total of KRW 11,35 million, and did not agree with the victims. The defendant did not take any measures to recover from damage. In light of these circumstances and all of the sentencing conditions under Article 51 of the Criminal Act as stated in the argument of this case, if considering the above circumstances and all of the sentencing conditions as stated in the argument of this case, the defendant's assertion is rejected because

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. The applicant for compensation is not only again filed the same application for compensation even though the application for compensation was rejected in the court below, but also the amount of embezzlement as stated in the facts charged is based on the amount acquired by the defendant through the crime. Since the scope of liability for compensation is not clear, it is not reasonable to issue a compensation order. Thus, the application for compensation order by the applicant for compensation is dismissed in accordance with Articles 25 (3) and 32 (1) and (3) of the Act on Special Cases Concerning Promotion, etc. of

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