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(영문) 의정부지방법원 2016.08.16 2016노1135
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to confession and reflect on the crime of this case.

However, in full view of the following circumstances: (a) it is not good to use the money that the Defendant received from the customer for personal purposes; (b) the amount of damage incurred by the instant crime is a small amount of money up to 37,130,000 won; (c) the Defendant was sentenced to criminal punishment for fraud; (d) there were many criminal records, such as the Defendant was sentenced to criminal punishment; (e) the Defendant did not agree with the victim; and (e) the damage was not recovered; and (e) the Defendant’s age, background, and circumstances after the commission of the instant crime, etc., the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant, even

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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 by the court below (Provided, That since it is evident that the "business" in the 15th act of the court below is a clerical error of "business member", the defendant's appeal is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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