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(영문) 광주지방법원 2021.03.18 2021노20
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and six months of imprisonment) on the summary of the grounds of appeal is too unreasonable.

2. In addition to the fact that the Defendant recognized the crime, and the Defendant appears to have caused the crime of this case due to lack of economic circumstances, and that the Defendant supported his wife and 10 children who died alone after having divorced from his wife, and that there is no person responsible for his family’s livelihood due to the detention of the Defendant, it cannot be denied that the Defendant is placed in his wife.

However, this case is a crime committed by the defendant during the period of the suspended execution after the defendant was sentenced to three years of the suspended execution for two years of imprisonment for fraud in 2017, and the amount of the defendant's embezzlement is less than 1.3 million won.

In addition, in light of all the sentencing conditions indicated in the records of this case, such as the circumstance leading up to the crime, the defendant's age, criminal conduct, environment, and circumstances after the crime, the sentence of the court below against the defendant is too unreasonable, in light of the following: (a) the defendant's repayment of the amount of damage was not made or did not reach an agreement with the victim; and (b) the defendant's economic condition could not be easily performed; and (c) the defendant's repayment of damage to the victim was

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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