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(영문) 광주지방법원 2016.05.18 2016노736
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized his mistake and reflects his mistake, and that the defendant has no criminal record exceeding the same criminal record or fine, etc. are favorable circumstances.

On the other hand, the so-called large-sized vehicles due to the criminal act of the defendant, which interfere with the management of the vehicles of the state, such as the imposition of fines for negligence on the violation of laws, and the large-sized vehicles

In addition, the Defendant did not agree with the victim or take measures to recover damage, and there is no special circumstance or change of circumstances that may be newly considered in sentencing after the decision of the lower court was rendered, and comprehensively considering the various sentencing conditions in the pleadings of the instant case, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s 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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