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(영문) 서울중앙지방법원 2017.08.24 2017노2186
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (the imprisonment of six months, the suspension of execution of two years, and the community service order of 320 hours) is too unreasonable.

2. The judgment that the defendant recognized the crime of this case and reflected against the defendant, and that the defendant's health condition is not good is favorable to the defendant.

However, in light of the circumstances and methods of the crime of this case, the nature of the crime of this case is not good.

Until now, the damage has not been recovered, and the victim has not received a letter of usage.

The lower court seems to have determined punishment by comprehensively taking into account the aforementioned various circumstances, Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The sentencing of the lower court is within the reasonable scope of its discretion.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, the punishment sentenced by the court below cannot be deemed to be unfair because it is too large.

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.

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