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(영문) 수원지방법원 2013.10.17 2013노3880
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in light of all the sentencing conditions, the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. Although the judgment of the court below is in depth divided and reflects the Defendant’s mistake as a primary offender, the period of the crime is not shorter than 96 million won in total, and most of the damages have not been recovered to the trial. The court below appears to have determined the punishment by fully considering these circumstances, and there is no change of circumstances that may change the punishment of the court below after the decision of the court below was made, and all the sentencing conditions shown in the records and arguments of this case are considered to be unfair. In full view of all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is too large.

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

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