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(영문) 울산지방법원 2018.11.02 2018노851
배임등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of 3 years and 6 months) is too unreasonable.

2. The decision shows the defendant's attitude to reflect his mistake, the fact that there is no past record of punishment for the same criminal record and punishment, etc., which can be considered for the defendant, the total amount of damage is equivalent to 818 million won, and the damage equivalent to 615 million won has not been recovered, among 5 victims, 3 persons agreed among 5 victims (victims as stated in paragraphs 1 through 3 of the crime of the court below) have not been recovered, and there is a very low possibility of recovery in the future.

In full view of the following facts: (a) the total amount of KRW 128 million out of the total amount of KRW 248 million, which was not agreed upon, was not recovered; (b) the period of suspension of the execution of imprisonment due to the crime of fabrication of private documents at the time when the Defendant committed a crime listed in Articles 2 through 5 of the facts constituting the crime in the judgment below; and (c) other factors such as the Defendant’s age, sexual behavior, family environment, motive and background of the crime, means and consequence of the crime; and (d) the application of the sentencing guidelines of the Supreme Court and the sentencing guidelines of the Sentencing Committee, such as the circumstances before and after the crime, are not deemed unfair because the sentence imposed by the court below is too excessive.

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

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