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(영문) 서울북부지방법원 2013.07.03 2013노639
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment and one million won of fine) is too unreasonable.

2. The judgment is based on the following facts: (a) although the Defendant was led to the confession of the instant crime while serving as public interest service personnel, the Defendant did not complete the move-in report while moving his residence; (b) was absent from service for more than 8 days without any justifiable reason; (c) was embezzled by using the money to be returned to the victim on the Internet gambling; (d) the nature of the relevant crime is heavy; (e) the amount of damage is a large amount; (e) the victim did not reach an agreement and recover from damage; (e) the Defendant was sentenced two times of suspended execution due to the violation of the Military Service Act and one time of fine; and (e) other various circumstances, such as the motive for the instant crime, age, occupation, character and conduct of the Defendant, family relationship, circumstances after the instant crime, etc., which are conditions for sentencing under Article 51 of the Criminal Act as stated in the records and arguments, the sentence imposed by the lower court is too unreasonable. Therefore, the Defendant’s allegation is without merit.

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. It is so decided as per Disposition.

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