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(영문) 부산지방법원 2019.02.13 2018노4170
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too heavy;

2. The Defendant made a confession of the instant crime in the first instance.

However, considering these circumstances, there is no circumstance that the lower court’s determination of sentencing is deemed to have exceeded the reasonable bounds of discretion or to be unfair to maintain it as it is, in full view of the following circumstances: (a) the Defendant’s age and behavior intelligence environment; (b) motive and means of crime; and (c) the circumstances in the present arguments and records, including favorable circumstances (such as the failure to agree with the victim and the failure to endeavor to recover from damage) and favorable circumstances (such as the first offender who has no record of criminal punishment) as stated in the reasons for sentencing; and (d) the circumstances that were revealed in the present arguments and records, such as the circumstances after the crime.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

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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