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(영문) 대구지방법원 2016.10.21 2015노4472
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and 120 hours of community service) of the court below is too unreasonable.

2. It should be recognized that the Defendant recognized the instant crime and divided the mistake, that there was no record of punishment exceeding the fine, and that there are circumstances to consider the circumstances leading to the instant crime.

However, the amount embezzled by the defendant, and the victim seems to have suffered considerable economic and mental pain due to the crime of this case, and the damage was not recovered properly until the trial of the case.

In full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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