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(영문) 서울남부지방법원 2013.12.26 2013노1733
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (10 months of imprisonment) is too unreasonable.

Therefore, there is a true fact that there are some circumstances in consideration of the defendant, such as the fact that the defendant is pening his mistake, the fact that the defendant has no criminal power.

However, in full view of the following circumstances: (a) even though the amount embezzled by the Defendant exceeds 130 million won, the Defendant did not recover damage and did not reach an agreement with the victim; (b) the Defendant committed the instant crime despite having received a letter from the victim on another embezzlement prior to the instant crime; (c) the victim was under the Defendant’s strict punishment; and (d) the lower court determined the sentence in consideration of various favorable circumstances for the Defendant; (b) there was no special circumstance or change of circumstances that may be considered for sentencing; and (c) there was no other circumstances or changes in circumstances that may be considered newly after the pronouncement of the lower judgment; and (d) other various conditions that form the conditions for sentencing and sentencing as indicated in the arguments and records of the instant case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) the circumstances asserted by the Defendant and his defense counsel as grounds for appeal, it is not recognized that the Defendant’s punishment imposed by the lower court is unreasonable

Therefore, the defendant and his defense counsel's assertion is without merit.

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

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