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(영문) 대구지방법원 2014.06.19 2013노3327
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (7 million won of fine) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case, and that there is no criminal record for the same kind of crime.

However, the victim's damage amount to KRW 20 million and the defendant did not make any effort to recover damage to the victim, which is disadvantageous to the defendant.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the Defendant, the lower court appears to have taken into account most favorable circumstances for the Defendant, and there is no change of circumstances that would vary between the lower court and the sentence.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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