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(영문) 울산지방법원 2018.11.02 2018노758
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant has to take into account the fact that all of his/her own crimes are committed, and is seriously against the Defendant; and (b) the equity between the judgment and the judgment is to be rendered simultaneously with the final judgment.

On the other hand, however, there are extenuating circumstances against the defendant, such as repeated crimes, the size of embezzlement has not been small, the damage has not been recovered, the defendant did not receive a letter from the injured party, and the defendant has a history of being punished for the same kind of crime. In full view of all kinds of sentencing conditions shown in the arguments of this case, including the character and behavior, age, motive and background of the crime, means and result of the crime, circumstances after the crime was committed, change in circumstances after the sentence of the lower judgment, etc., the lower court's punishment seems to be within reasonable and appropriate scope, and it cannot be deemed unfair

Therefore, the defendant's above assertion is without merit.

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

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