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(영문) 수원지방법원 2020.10.16 2020노4024
업무상횡령
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) by the lower court is too unreasonable.

2. Comprehensively taking account of the arguments in this case and the reasons for sentencing indicated in the records, the lower court’s punishment appears to have been appropriately determined by fully considering the reasons for sentencing asserted by the Defendant, and considering the fact that the victim expressed his intent not to punish but to actually repay the amount of damage, such circumstance alone is difficult to deem that there is a special circumstance to ex post facto change the sentencing.

3. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. Since the scope of liability for compensation in this case is not clear and it is judged that it is not reasonable to issue an order for compensation in the criminal procedure, the application for compensation in this case is dismissed in accordance with Articles 32 (1) 3 and 25 (3) 3 and 25 (3) 4 of the Act on Special Cases Concerning

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