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(영문) 서울남부지방법원 2013.03.14 2013노66
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (five months of imprisonment) on the defendant is too unreasonable.

2. We examine the judgment on the grounds of appeal, the fact that the defendant is divided into his mistake in depth, and that the court below deposited 10 million won in the court below for the victim, etc. However, considering the above circumstances favorable to the defendant, the court below has determined the punishment in consideration of the above circumstances that are already favorable to the defendant, and there is no special change in circumstances or circumstances that may newly be considered in sentencing in addition to the additional deposit of 3 million won in the court below after the decision of the court below was made. In full view of other various circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the court below's sentencing is too unreasonable even if considering all the circumstances asserted by the defendant as the grounds of appeal, since the defendant's argument is not justified.

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.

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