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(영문) 인천지방법원 2014.08.29 2014노1462
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant was waiting for committing the instant crime and was able to repent of wrong facts; and (b) the fact that there is no particular criminal power except for those sentenced to a fine on one occasion.

However, the court below was determined by fully considering the circumstances favorable to the defendant, and there seems to be no change in circumstances that could change the situation between the judgment of the court below and the punishment. The crime of this case was committed by the defendant with knowledge of the fact that the defendant had already received a final and conclusive judgment in a civil lawsuit to return the forest and land to the victim, thereby making it impossible to perform a large amount of compulsory execution at will, and the nature of the crime is bad, and even though the total amount of damage is a large amount of KRW 180 million, the defendant did not take measures to compensate for damage, such as having agreed with the victim or depositing money, etc. up to the trial, and taking full account of various sentencing conditions that are shown in the records and arguments, such as the defendant's age and happiness environment, circumstances before and after the crime, etc., it cannot be deemed unfair for the court below

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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