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(영문) 인천지방법원 2015.03.12 2015노129
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Although there is no favorable circumstance that the Defendant is led to the confession of the Defendant, the lower court’s punishment is too unreasonable in light of the following: (a) the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the commission of the crime; and (b) the Defendant’s punishment is too unreasonable.

3. In conclusion, 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.

However, Article 355(1) of the Criminal Act and each of the imprisonment provisions of the court below's "Application of the Act" as to the crime of 1. The decision of the court below

1. Article 40 and Article 50 of the Criminal Procedure Act clearly states that "Article 40 and Article 50 of the same Act are erroneous statements of "Article 355 (1) of the same Act concerning the criminal facts of 1." Thus, correction is made ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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