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(영문) 대구지방법원 2014.10.31 2014노727
횡령
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (a fine of KRW 10 million) declared by the lower court to the Defendants is too unreasonable.

2. The Defendants’ confession and reflects the instant crime; Defendant A did not have any record of criminal punishment; Defendant B did not have any record of criminal punishment heavier than a suspended sentence; the Defendants returned the two damaged vehicles to the damaged company in the lower court; and the Defendants paid out some of the damaged vehicles (15 million won) to the damaged company. However, the Defendants’ instant crime appears to be bad in terms of the fact that the Defendants were delivered the said vehicles from the victimized company and the disposal of the said vehicles was deemed to have been bad; the lower court, considering the favorable circumstances of the Defendants, deemed that the Defendants selected a fine for the instant crime and sentenced the Defendants to each fine by taking into account, and considering the Defendants’ age, character and conduct, environment, the means and method of the instant crime, and the motive for the instant crime, the Defendants’ assertion cannot be deemed unfair since each sentence imposed by the lower court is without merit. Therefore, all of the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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