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(영문) 부산지방법원 2015.05.28 2015노1055
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. The fact that the Defendant did not have the criminal records exceeding the fine, and all of the crimes of this case are recognized, and that the Defendant partially repaid the amount of damage to the victim D is favorable to the Defendant.

However, in full view of the following: (a) the sum of damages incurred by each of the instant crimes is equivalent to KRW 86 million and not fully recovered from damage; (b) there is no change of circumstances that may be considered in the sentencing from the pronouncement of the lower judgment to the trial; (c) the Defendant’s age, health status; (d) the motive and circumstances of the instant crime; (e) the motive and circumstances of the crime; (e) the means and consequence of the crime; and (e) the outcome of the application of the sentencing guidelines of the Sentencing Commission by the Sentencing Committee, including the circumstances after the

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

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