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(영문) 인천지방법원 2017.01.25 2016노5074
업무상횡령
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (4 months of imprisonment) is too unreasonable.

2. Determination

A. As to the grounds for appeal by the Defendant, there is no change of circumstances that may be considered in the sentencing after the lower judgment, and considering the conditions of sentencing as indicated in the records and arguments of the instant case, the lower court’s punishment is too unreasonable even considering the circumstances asserted by the Defendant on the grounds of appeal.

B. As to the application for the instant compensation order filed by the applicant for compensation, F applied for the instant compensation order in the position of the president in charge of the applicant for compensation. However, as at January 10, 2017, when the application for the instant compensation order was filed, a person who has the authority to represent the applicant for compensation among the directors of the applicant for compensation, a foundation, as at the time of January 10, 2017, is limited to S, the application for the instant compensation order was filed by a person who has no power

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, and since the application for compensation order by the applicant for compensation is inappropriate, the application for compensation order by the applicant for compensation is dismissed in accordance with Article 32 (1) 1 and 32 (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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