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(영문) 춘천지방법원 2014.06.25 2014노133
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) that the court below sentenced against the defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant's mistake is recognized and reflected, the crime of this case is not less severe in light of the degree of damage, etc. Nevertheless, since the defendant did not make a serious effort to pay damage and did not reach an agreement with the victim up to the first instance trial, the defendant had been sentenced to a suspended sentence of 2 years for a period of 10 months at the Chuncheon District Court on October 28, 2002. In addition, considering the motive and circumstance leading to the crime of this case, the circumstance after the crime of this case, and other various conditions of sentencing as shown in the records, such as the defendant's age, character and conduct after the crime of this case, it is not recognized that the sentencing of the court below is too unreasonable, and the above argument of the defendant is not reasonable.

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

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