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(영문) 수원지방법원 2014.08.14 2014노2844
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and method of committing a crime, degree of the commission of a crime, circumstances after committing a crime, etc., the Defendant’s argument and sentencing conditions indicated in the record are considered as follows: (a) considering the circumstances favorable to the Defendant, such as the Defendant’s recovery of the victim, and the fact that the Defendant’s commission of the larceny and occupational embezzlement was committed at least eight times; (b) the Defendant was sentenced to a sentence; and (c) the Defendant committed each of the instant crimes during the period of repeated crimes for which four months have passed since he/she was sentenced to a punishment for the same kind of crime; and (d) the Defendant’s assertion is not acceptable since it is too unreasonable to the extent that the lower court’s punishment should be reversed, inasmuch as the Defendant’s assertion is not acceptable.

3. Therefore, 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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