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(영문) 대구지방법원 2018.02.22 2017노3262
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. It is disadvantageous to the victim that the act of arbitrarily taking out government-funded materials, thereby causing damage to the victim to return the amount to the victim at the port of call.

However, the fact that the defendant is against the defendant, only one fine of the defendant halog, and the fact that the defendant does not have any profit from this case is favorable.

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, and all other conditions of the sentencing, including the Defendant’s age, sex, environment, background and consequence leading to the commission of the crime, means and result, scale of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court is deemed appropriate and the sentencing judgment by the lower court exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it 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.

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