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(영문) 부산지방법원 2015.05.14 2014노4494
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 2.5 million (a fine of KRW 2.5 million) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the judgment defendant led to the confession of the crime of this case, and that the defendant has no same power.

However, in light of the fact that the Defendant did not return the amount of damages or did not reach an agreement with the victim, the lower court appears to have determined the above punishment by reducing a fine of three million won by the summary order against the Defendant, taking full account of the already favorable circumstances in the Defendant, and that there is no change of circumstances that may change the Defendant’s age, character and behavior, intelligence and environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

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, since the defendant's appeal is without merit. It is so decided as per Disposition.

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