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(영문) 부산지방법원 2014.09.25 2014노2516
점유이탈물횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. Although there are no favorable circumstances such as the Defendant’s absence of the same criminal record and the fact that the damage amount is relatively minor, the case is likely to include important personal information, and it cannot be deemed that the Defendant’s use or disposal of a mobile phone with a high possibility of including important personal information, and the quality of the crime cannot be easily viewed as being exposed to the fact that there is no change in circumstances that may be considered in sentencing after the sentence of the lower court was rendered, and all other circumstances, such as the motive and background of the instant crime, the Defendant’s age, character and conduct, and environment, are considered as follows: (a) the lower court’s punishment seems to be appropriate.

3. In conclusion, 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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