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(영문) 울산지방법원 2019.01.18 2018노1172
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant did not have any particular criminal record in addition to the previous conviction of a fine, and the Defendant did not have any other criminal record, and all of his own crimes, and seriously reflects the fact that the lower court fully repaid the amount of damage incurred by a part of the crime of fraud at the lower court, and that the Defendant’s family members, etc. want to have the Defendant’s wife against the Defendant, etc.

However, the court below's punishment seems to be reasonable and appropriate in light of all the sentencing conditions stated in the argument of this case, including the defendant's health status, family relation, economic situation, age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., and it cannot be deemed that the punishment of the court below is excessively unfair.

Therefore, the defendant's assertion is without merit.

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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