The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The judgment of the court below which did not reduce self-denunciation despite the defendant's self-denunciation is erroneous in the misapprehension of legal principles.

The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

According to Article 52 (1) of the Criminal Act, when self-denunciation is made to a government agency who has the responsibility to investigate after committing a crime, the punishment may be mitigated or exempted.

self-denunciation refers to an expression of intent to voluntarily report a crime to a government agency responsible for the investigation and to seek the disposition thereof;

(See Supreme Court Decisions 92Do962 delivered on August 14, 1992; 98Do4560 delivered on April 13, 1999, etc.). According to the evidence duly admitted and investigated by the court below, the victim company employees discovered the defendant in the dormitory after ascertaining the circumstances of the defendant’s embezzlement around 16:00 on December 7, 2019 and reported the fact of embezzlement to the police station along with the victim, and the defendant’s emergency arrest at around 22:19 on the same day. Thus, according to the above facts, the defendant cannot be deemed to have voluntarily reported his/her criminal act, and the defendant cannot be deemed to have voluntarily surrendered.

Even if not,

However, the court is merely able to voluntarily reduce the self-denunciation for the self-denunciation, and the court did not reduce the self-denunciation.

Therefore, it cannot be deemed unlawful (see Supreme Court Decision 92Do962 delivered on August 14, 1992). Therefore, the lower court did not err by misapprehending the legal doctrine.

Therefore, the defendant's assertion of legal principles is without merit.

The defendant's judgment on the assertion of unfair sentencing recognized the crime of this case and divided the wrong facts, the defendant has no criminal power, the defendant paid 5,000,000 won to the victim company on December 7, 2019, and the defendant was also illegal in the course of investigation.