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(영문) 광주지방법원 2016.10.19 2016노1744
횡령등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts as indicated in paragraphs (9) and (11) of the facts constituting the crime in the judgment below, the Defendant did not have committed harm to the victim X-owned glass oil and the glass oil, or threatened the victim X, as his hand.

(2) The lower court’s sentence of unreasonable sentencing (the crime of paragraphs 1 through 5 of the original judgment: imprisonment for 4 months, and imprisonment for 6 through 17 as indicated in the original judgment: imprisonment for 1 year) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court stated that the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts: (i) the victim was at the investigative agency to the effect that “the Defendant was faced with the 5 main electronic device in favor of the Defendant, which was in favor of the Defendant, by changing the amount of money, and refusing it.” (ii) around January 7, 2012, the victim stated to the effect that “the Defendant was dead when he filed a false report with the lower court on the instant item.” (iii) the lower court stated to the effect that “the Defendant was threatening against the Defendant at the time,” and (iv) the Defendant also stated to the effect that “the Defendant had expressed to the effect that “the Defendant had attempted the Victim to commit an act without any particular occupation at the time, and caused the need to do so.”

There was a fighting with no money, and there was several occasions in which the goods were loaded.

In full view of the fact that the defendant stated to the purport, as stated in paragraphs (9) and (11) of the criminal facts in the judgment below, the court below's judgment that found the defendant guilty is just, and the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, the Defendant repeatedly committed a crime against multiple victims over a considerable period of time.

The defendant shall be obtained by deception.

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