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(영문) 서울고등법원 2015.08.20 2015노1393
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.

2. The circumstances cited by the lower court in determining the sentence are repeated, and the damage recovery has not been made even if the lower court had given sufficient time to recover the damage in the trial, and other factors such as the Defendant’s age, character and conduct, environment, etc., all of the sentencing conditions shown in the records and arguments, and sentencing (a recommended sentence: two to five years of imprisonment) determined by the Supreme Court’s Sentencing Committee, etc. are not recognized to be too unreasonable. Therefore, the Defendant’s assertion is without merit.

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

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