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(영문) 대구지방법원 2020.10.14 2020노2113
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant committed the instant crime during the period of suspended execution due to the same kind of crime, and did not have been punished by the victim.

Until the trial of the case, the victim wanted to punish the defendant's severe punishment, and the defendant has not made efforts to recover the damage.

In addition, considering the sentencing conditions, such as the Defendant’s age, occupation, family relation (a mother with no good health), criminal record, and criminal records, even if considering the fact that the amount of the instant damage amount is relatively small, the sentence imposed by the lower court against the Defendant is not heavy.

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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