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(영문) 서울고등법원 2016.05.03 2015노3636
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the judgment of the defendant is divided into his mistake, and that the defendant partially paid part of the amount to the victim company, etc.

However, the crime of this case is planned embezzlement of the mobile phone which the defendant had been on duty for the victim company for a long time, and the nature of the crime is not good. The amount of embezzlement caused by the crime of this case is a large amount, the victim company wants to punish the defendant's severe punishment because the defendant did not agree with the victim company up to the trial time, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., are considered, considering the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without

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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