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(영문) 광주지방법원 2016.11.02 2016노1358
배임등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The facts that the Defendant’s mistake was properly acknowledged, that the Defendant was the first offender who had no previous conviction, and that the Defendant’s criminal intent cannot be seen as serious are favorable circumstances.

On the other hand, the court below seems to have determined the punishment by reducing the fine according to the summary order in consideration of the above favorable circumstances, and the fact that there is no change in circumstances that may be considered in the sentencing after the sentence of the court below is disadvantageous.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Defendant’s assertion is not reasonable on the grounds that the sentence imposed by the lower court is too unreasonable.

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

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