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(영문) 부산지방법원 2020.06.12 2020노916
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were revealed in the hearing process of the lower court and sufficiently considered (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no particular change in circumstances regarding the matters subject to sentencing after the sentence of the lower judgment.

In addition, in full view of the following factors: Defendant’s age, character and conduct, environment, the background and motive leading up to the instant crime, and the circumstances before and after the instant crime, etc., the sentencing of the lower court cannot be said to have exceeded the reasonable scope of discretion because it is too large.

Therefore, the defendant's assertion is without merit.

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.

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