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(영문) 의정부지방법원 2018.12.13 2018노1238
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, if the first instance court did not change the conditions of sentencing, and if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court on the sole basis of the difference between the view of the appellate court and the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the sentencing conditions compared with the original court on the ground that new sentencing materials are not submitted in the first instance court, and there is no change in the sentencing conditions (it is deemed that the Defendant fully repaid the damaged amount to the victim, but such circumstance is considered at the time of the judgment of the lower court, and the Defendant committed the crime repeatedly and did not reach an agreement with the victim.

3. In conclusion, 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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