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(영문) 울산지방법원 2018.02.21 2017노1511
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the judgment: the defendant recognizes and reflects the crime.

The defendant is the first offender.

Unfavorable circumstances: the amount of damage is not high.

The injured person wanted to punish the defendant.

In full view of the following factors: (a) the Defendant’s age, character and conduct environment, including the above favorable circumstances, the relationship with the victim, the motive means of committing the crime, the circumstances after committing the crime, etc.; and (b) the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines (from April to April 1), the sentence imposed by the lower court exceeded the sentencing discretion.

It is not recognized that it is unfair because it is too unaffort enough to be assessed.

3. 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.

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