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(영문) 수원지방법원 2019.08.14 2019노3178
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to one year and six months of imprisonment in consideration of the circumstances favorable to the Defendant, favorable to the Defendant, and the sentencing guidelines recommended by the Sentencing Committee.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the sentencing of the lower court, considering the following factors: (a) the amount of damage in this case is considerably larger than KRW 287 million; and (b) the amount of actual damage claimed by the Defendant is about KRW 190 million (Evidence No. 300); and (c) the amount of actual damage is considerably larger than KRW 190,000 (Evidence No. 300); and (d) the applicable sentences and sentencing guidelines, etc.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is proper, and it is not recognized that it is unfair because it is too unreasonable, considering the circumstances after the crime of this case.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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