logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.10.02 2014노1912
업무상횡령
Text

Defendant

The appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (two months of imprisonment) is too unreasonable.

Judgment

It seems that the Defendant committed the instant crime in order to make a confession of the instant crime and reflect his mistake in depth, and to raise the hospital expenses and living expenses, and the fact that the Defendant was sentenced twice a fine due to the instant crime, such as the violation of the Automobile Management Act during the last 20 years, and that there was no particular criminal record.

However, the crime of this case is a normal situation that is unfavorable to the defendant, such as: (a) the defendant voluntarily withdrawn 86 million won in total over 12 times for a year by using the head of the Tong in which funds owned by the clan have been deposited as the general affairs of the clan and the status of managing cash cards; (b) the crime of this case is not good; (c) the crime of this case has not been repaid until now; and (d) the fact that the defendant did not agree with the victim clan

In this context, the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Supreme Court Sentencing Committee is from April to April, 1 year, 1 year to April, 200, the Sentencing Group, the 1st category (less than KRW 100 million), the special sponser, the decision-making (basic field), the scope of the recommended sentence (from April to April 14), and other various sentencing conditions such as Defendant’s age, character and behavior, environment, the circumstances before and after the instant crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

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.

arrow