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(영문) 부산지방법원 2015.10.15 2015노2285
배임
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the confession of the instant crime; (b) the process and motive of the instant crime by operating the business entity leading to the disposal of the instant machinery due to financial difficulties; (c) the Defendant deposited KRW 5 million for the victim at the time of the trial; and (d) the first offender.

However, even though the amount of damage is considerably 126 million won, it is currently 15 million won paid in full, the fact that the victim did not reach an agreement with the victim, the scope of recommendation for the crime of this case under the sentencing guidelines is one year to 3 years, and the court below has determined a sentence by selecting the lowest sentence of recommendation in full taking into account all the circumstances favorable to the defendant as above, and there is no change of circumstances that may vary between the court below and the punishment at the time of the trial, and there is no other change of circumstances that make it possible for the court below to change the defendant's age, character and behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., the court below's punishment is deemed appropriate.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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