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(영문) 수원지방법원 2014.04.21 2014노481
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the Defendant committed the instant crime on May 12, 2006 without being sentenced to a punishment of two-year imprisonment with prison labor for the crime of occupational embezzlement on May 12, 2006 and at the same time during the period of suspension of execution, and the amount of embezzlement from the instant crime reaches KRW 57 million, and even after a long period of time has passed since the instant crime, the amount of damage has not yet been fully repaid, taking into account the Defendant’s age and behavior environment, the circumstances leading to the instant crime, and the circumstances following the instant crime, etc., the lower court’s punishment is too unreasonable, even considering that the Defendant’s mistake is against himself and it is difficult to maintain his family’s livelihood due to the Defendant’s detention.

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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