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(영문) 서울중앙지방법원 2018.05.04 2017노4081
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is too unreasonable.

2. In the instant case where there is no change in the sentencing condition that is to be considered specifically for the first time in the judgment, the Defendant’s assertion is rejected, in full view of various circumstances, including the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc., given that the lower court’s punishment is too excessive beyond the scope of discretion and is thus unreasonable.

3. In conclusion, 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. It is so decided as per Disposition.

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