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(영문) 인천지방법원 2013.10.25 2013노2029
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year and six months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant has no record of being punished in excess of the same kind and fine; (c) the Defendant paid the victim rent for seven months; and (d) the Defendant appears to have never been actually earned by the instant crime.

However, the court below did not have any change in circumstances that may be considered differently considering the circumstances favorable to the defendant. The crime of this case was embezzled by selling 6 press machine owned by the victim while the defendant was in custody, and the damage amounting to 450 million won, such as the above press machine's market price of 6 press machine was considerable, and other various sentencing conditions in the records and arguments, such as the defendant's age and family environment, circumstance before and after the crime, etc., it cannot be deemed that the sentence against the defendant is too unreasonable.

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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