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(영문) 의정부지방법원 2014.09.19 2014노1766
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. There are circumstances such as the Defendant’s confession and reflect on the instant crime, and the fact that there was no past record of criminal punishment in addition to being sentenced to a fine of KRW 200,000 due to a violation of the Road Traffic Act (unlicensed Driving) around 205.

However, considering the amount embezzled or embezzled by the Defendant, the circumstances leading up to the embezzlement, and the use of the embezzled amount, the nature and circumstances of the crime in this case are considerably good, and even up to the trial of the Defendant, the Defendant agreed with the victim or failed to repay the damaged amount. In full view of all other circumstances that form the sentencing conditions in the record, including the Defendant’s age, character and conduct, environment, occupation, circumstance and details leading to the instant crime, and circumstances after the commission of the crime, the sentence of the lower court cannot be deemed unreasonable.

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 on the ground that it is without merit. It is so decided as per Disposition.

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