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(영문) 춘천지방법원 강릉지원 2014.10.21 2014노406
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2.5 million won) is too unreasonable.

2. The circumstances favorable to the defendant are the following: (a) the defendant led to the confession and reflect of the crime; (b) the recovery of damage was made on a substantial part; and (c) there is no dependent family member and it is difficult

On the other hand, even though the defendant was demanded to return money from the victim, he arbitrarily consumed the large amount of money for the personal purpose, and the liability for the crime is not less and less, the total amount of damage has not been recovered, and the defendant has no record of being punished several times for the same kind of property crimes.

In addition to the above various circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, as well as the circumstances 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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