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(영문) 수원지방법원 2015.07.17 2015노2535
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment of the accused is a favorable condition to the accused that the defendant has already repented the crime of this case and does not repeat again, and that the defendant has to care for his/her care.

However, in light of the following circumstances: (a) the Defendant’s criminal law was not good and did not fully recover from damage up to the trial; (b) the Defendant committed a crime of fraud at a similar time; and (c) the use of the instant criminal proceeds as Internet gambling funds; and (d) the motive and background of the crime; (b) the circumstances after the crime; (c) the Defendant’s age, character and conduct; and (d) various circumstances, which are the conditions for sentencing specified in the records and arguments of the instant case, including the records and arguments, are considered, the sentence imposed by the lower court is too unreasonable.

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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