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(영문) 대전지방법원 2016.05.26 2016노498
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. The fact that the defendant is against the judgment, and that the victim does not want the punishment of the defendant by agreement with the victim H, and the crime in the judgment is in a relationship between embezzlement for which the judgment became final and conclusive and a short-term agreement after Article 37 of the Criminal Act, and the need to consider equity with the case where the above judgment becomes final and conclusive.

However, when the Defendant committed the instant crime during the period of repeated crime, and was sentenced to a punishment for embezzlement, the Defendant was disadvantageous to the Defendant, such as the absence of the witness of the embezzlement case, etc., and the nature of the crime is not good. In full view of all the sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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