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(영문) 수원지방법원 2021.01.11 2020노5468
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty of the lower judgment (two years and six months) is too unreasonable in light of the following: (a) the summary of the grounds for appeal that the Defendant partly repaid the amount of damage, (b) the medical expenses and the amount of crime committed to maintain the livelihood, and (c) the management of the clan’s properties and contributed to the creation of profits.

2. In the criminal litigation law that takes the trial-oriented principle and the principle of direct determination, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no significant change in the terms of sentencing compared to the lower court’s judgment, and the lower court’s sentencing was excessively excessive and exceeded the reasonable scope of discretion, comprehensively taking account of all the reasons indicated in the records of the instant case.

shall not be deemed to exist.

Therefore, the defendant's argument of sentencing is without merit.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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