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(영문) 인천지방법원 2013.05.31 2013노912
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment defendant reflects the crime of this case and deposited 2.5 million won with the victim's criminal agreement amount.

However, in full view of the following circumstances: (a) most of the damages amount of the instant case was not repaid; (b) the victim was unable to obtain a letter from the victim, which led to the Defendant’s punishment; (c) the Defendant’s sentence against the Defendant is deemed to have been determined by fully taking account of the various circumstances as seen earlier; and (d) there are no changes in circumstances that may differ from the original judgment and the punishment; and (b) other circumstances that form the conditions for the pleadings and the sentencing as indicated in the records, including the Defendant’s age, character, character, environment, family relationship, criminal record, criminal records after the crime was committed, circumstances after the crime was committed, and the motive and circumstance of the crime, etc., even if the Defendant’s grounds for

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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