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(영문) 서울중앙지방법원 2015.01.29 2014노4548
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

Judgment

Although the Defendant did not have any record of committing the instant crime before the instant crime was committed, the amount of damage caused by the instant crime of occupational embezzlement was not paid to the Defendant at least 84,613,160 won, and the Defendant’s name was not paid up to the trial. In full view of all the circumstances as alleged by the lower court, the lower court sentenced the Defendant to a punishment in consideration of all the reasons as alleged by the Defendant, and there was no change in circumstances likely to change the sentence at the time of the trial, and other circumstances, including the motive for the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, etc., and the sentencing conditions specified in the records and pleadings, the lower court’

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(C) Article 25(1) of the Regulations on Criminal Procedure provides that “No. 16 of the Rules on Criminal Procedure shall be amended ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.”

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