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(영문) 인천지방법원 2014.12.19 2014노3973
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The fact that the Defendant made a confession and reflects on the instant crime, and that the amount of damage is relatively small is favorable.

However, on July 13, 2012, the Defendant had had a history of having already been subject to juvenile protective disposition and criminal punishment several times, and, in particular, after having been released from the Seoul Central District Court by sentence of special larceny, etc. on July 13, 2012, repeated the instant crime during the repeated period; in light of the background and content leading up to the instant crime; the process and details leading up to the instant crime; the method and frequency of the crime; the Defendant did not take any measures to recover any particular damage up to the trial; and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, happiness and family environment; and the circumstances before and after the commission of the crime, it cannot be deemed unfair for the lower court’

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

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