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(영문) 수원지방법원 2015.12.23 2015노5700
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. Taking into account the following circumstances: (a) the Defendant led to the confession of and reflect against the instant crime; (b) there is no record of criminal punishment as the first offender; (c) support for the young children; and (d) the Defendant’s wife wanting to take the Defendant’s wife, the total amount of damage is not specified as KRW 36 million; (b) not only does it reach an agreement with the victim up to the trial; and (c) not only does it have yet to be recovered from actual damage up to the present time even after considerable time has elapsed since the Defendant committed the instant crime; and (d) in full view of all other circumstances that are conditions for sentencing, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime; and (e) the sentence of the lower court is too unreasonable, and thus, the Defendant’

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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