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(영문) 서울중앙지방법원 2016.11.10 2016노3315
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) by the court below is too unreasonable.

2. It appears that there are favorable circumstances, such as the fact that he/she shows the attitude of recognizing and opposing his/her mistake, and that he/she is only twice the past criminal records punished by a fine.

However, in full view of the following facts: (a) while serving as an employee of the victim company, repeatedly commits the crime of embezzlement for a long period of one year and six months; (b) the nature of the crime is not weak; (c) the extent of damage caused by the crime is not small; (d) the victim company failed to recover the damage properly; and (e) the motive, means and result leading up to the crime of this case; (e) the motive, means and result leading up to the crime of this case; (g) the circumstances after the crime; (e) the defendant’s age; (g) the defendant’s character, character, conduct, and environment; and (g) all other circumstances that have no change in the conditions of sentencing compared to the court below’s decision, it is not recognized that the sentencing of the court below

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

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