logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.04.27 2016노2706
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant had a claim against the injured party for a misunderstanding of facts, the Defendant did not comply with the victim’s request for return, there was an intention of unlawful acquisition against the Defendant.

subsection (b) of this section.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by the defendant as to the assertion of mistake of facts on the ground that the defendant stated the same argument in detail in the column of evidence of the judgment.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of mistake of facts as pointed out by the defendant.

B. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence that reduced the amount of fine under the summary order is too unreasonable.

3. In conclusion, 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.

arrow