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(영문) 부산지방법원 2019.08.20 2019노1410
배임
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the summary of grounds for appeal (unfair punishment for eight months) shall be inappropriate;

2. The lower court determined that punishment was imposed by comprehensively taking account of the criminal records, the period of repeated crime, the unrecovered damage, the case of concurrent judgment and equity pursuant to Article 39(1) of the Criminal Act.

There is no change in sentencing elements in the appellate court.

Although the sentencing criteria do not apply to the latter concurrent crimes under the latter part of Article 37 of the Criminal Code, this court does not seem to be unreasonable considering the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria for the crime of breach of trust.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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