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The defendant's appeal is dismissed.
Reasons
1. In light of the fact that the defendant is against the summary of the grounds for appeal and efforts to recover damage, etc., the punishment (four months of imprisonment) imposed by the court below against the defendant is too unreasonable.
2. The circumstances favorable to the defendant include the fact that part of the amount of damage is recovered, the fact that a judgment has become final and conclusive should consider equity with the case where the defendant was tried at the same time, the fact that the defendant reflects the mistake and does not repeat the crime, and that there is a family member to support.
However, the Defendant, as the representative director of D Co., Ltd., cannot be deemed to be light of the degree of participation in the instant crime, and the remaining amount of damage still remains, the victim wants to punish the Defendant, and there are many previous charges that are disadvantageous to the Defendant.
In full view of the above circumstances, such as the character, conduct, environment, etc. of the Defendant, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that would vary between the lower court and the sentence.
Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.