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(영문) 수원지방법원 2014.01.23 2013노6101
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal, the lower court’s imprisonment (five months of imprisonment) is too unreasonable.

2. The judgment of the court below is divided into and against the defendant's wrong, and there is no history of punishment heavier than the fine. However, the amount of damage caused by the crime of this case is not stated as 28.5 million won, up to the trial, the defendant agreed with the victim or failed to repay the damage, the court below appears to have determined the punishment by fully considering the circumstances favorable to the defendant, and there is no change of circumstances that may change the punishment of the court below after the decision of the court below was made, and all the sentencing conditions shown in the records and arguments of this case are considered to be too unreasonable.

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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