logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.08.21 2013노3428
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the accused (one year and eight months of imprisonment) is too unreasonable;

2. The circumstances are favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and appears to repent of his mistake, that the defendant partially repaid the amount of damage, that there are wife and children to support the defendant, that there is no particular criminal punishment in addition to the punishment of one-time fine due to drinking driving.

However, the court below seems to have determined a punishment by fully considering the circumstances favorable to the defendant, but it did not place a statutory detention to give an opportunity to reach an agreement, and there is no change in circumstances that differs from the court below's punishment at the time of the trial, the total sum of the money embezzled and acquired by the defendant exceeds 300 million won and exceeds a considerable amount, the victim's agreement or the recovery of damage has not been made up to the trial, and other factors that are conditions for sentencing, such as the defendant's age, character and conduct, motive for the crime of this case, circumstances after the crime, etc., are considered appropriate.

Therefore, the defendant's assertion is without merit.

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

arrow