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(영문) 서울동부지방법원 2015.10.23 2015노1029
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the judgment of the defendant reflects the truth while the defendant committed the crime in depth, there is no same criminal record and no record of sentence of imprisonment with prison labor, and that the victim GHI agreed to do so.

However, in full view of the following circumstances: (a) the amount of damage caused by the instant crime is up to KRW 58 million; (b) the amount of damage caused by the instant crime was not available from the victim DE and did not reach recovery from damage; (c) the escape for a long time thereafter; and (d) there were no circumstances suggesting that the lower court’s punishment should be changed in the trial; and (b) other circumstances that are the conditions for sentencing, such as the Defendant’s age and environment, are considered as being too unreasonable.

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

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