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(영문) 의정부지방법원 2016.07.12 2016노1143
점유이탈물횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession and reflect of the instant crime, and that the total amount of damage was not significant in 1 million won.

B. However, in full view of the following circumstances: (a) the Defendant repeatedly brought another person’s credit card and check card to the settlement of the price of goods over several occasions; (b) the nature of the crime is not good; (c) the Defendant has been punished for the same kind of crime several times; (d) the Defendant did not agree with the victims; and (e) the Defendant did not fully pay damages; (c) there was no change in circumstances after the decision of the lower court was made; and (d) other circumstances that are conditions for sentencing specified in the argument of the instant case, including the Defendant’s age, background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable even if the circumstances favorable to the Defendant

Therefore, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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