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(영문) 수원지방법원 2017.10.20 2017노4252
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. Since being sentenced to a fine for negligence in 2007, there is no record of criminal punishment for about 10 years, circumstances favorable to the defendant.

On the other hand, the following circumstances are disadvantageous.

There are few damages.

Until now, damage has not been recovered or agreed with the victim.

In light of the aforementioned circumstances, the lower court sentenced the Defendant to a fine of KRW 5 million.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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