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(영문) 수원지방법원 2019.08.14 2019노3406
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to six months of imprisonment in consideration of the circumstances unfavorable to the Defendant, favorable to the Defendant, and the sentencing guidelines recommended by the Sentencing Committee.

In full view of the facts that serve as conditions for sentencing in the trial, in particular, the total amount of damage in this case exceeds KRW 198 million, and the total amount of damage has not been recovered and the total amount of damage has not been recovered and the sentencing guidelines are deemed to have exceeded the reasonable bounds of discretion or to have been deemed to have been inappropriate to maintain the sentencing of the court below.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is proper, and it is not recognized that it is unfair because it is too unreasonable, considering the circumstances after the crime of this case.

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 on the grounds that the conclusion is groundless.

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