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(영문) 광주고등법원 2017.09.28 2017노239
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant's appeal is dismissed.

Reasons

1. In a case where there is no change in the sentencing conditions compared to the lower court’s determination on the Defendant’s unfair assertion of sentencing, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new data on sentencing, and there is no change in the sentencing conditions compared to the lower court

In addition, comprehensively taking account of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is divided and reflected, and there are no other criminal records in addition to the fines twice, etc., and the fact that the defendant actively planned the crime and the degree of damage to the victim was serious, etc., the sentencing conditions shown in the records and arguments are excessively excessive punishment of the court below and they exceeded the reasonable scope of discretion.

shall not be deemed to exist.

The defendant's assertion that the sentencing of the court below is unfair is not accepted.

2. Conclusion, the Defendant’s appeal is dismissed for lack of grounds.

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