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(영문) 서울북부지방법원 2013.07.03 2013노615
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. In light of the following facts: (a) the Defendant made a confession of the instant crime and agreed with the victim; (b) the instant crime was committed by the Defendant, despite the fact that the Defendant acquired commission fees from both the victim and the borrower, and thus, the nature of the crime is not less weak; (c) the amount of damage is not significant; and (d) the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime; and (e) the sentencing guidelines of the Supreme Court Sentencing Committee are comprehensively taken into account various circumstances that are conditions for sentencing, including the Defendant’s age, character and conduct, motive or circumstance of the crime, means and consequence after the crime;

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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