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(영문) 서울고등법원 2015.07.14 2015노711
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

[Defendant A] The defendant A's appeal is dismissed.

[Defendant C] The part of the lower judgment against Defendant C

Reasons

Summary of Grounds for Appeal

Defendant

A The punishment sentenced by the court below to Defendant A (three years of imprisonment) is too unreasonable.

Defendant

C The punishment sentenced by the court below to Defendant C (three years of imprisonment) is too unreasonable.

Judgment

Defendant

Defendant A (hereinafter referred to as “Defendant” in this paragraph) does not have any criminal records exceeding the fine, and the fact that the Defendant repents his/her fault and reflects his/her depth is favorable to the Defendant.

On the other hand, the fact that the defendant committed the crime of embezzlement of this case for a long time, and that the amount of embezzlement is large, and that the defendant was not able to recover damage is disadvantageous to the defendant.

In addition, the above circumstances and the defendant's age, character and conduct, environment, motive, means, consequence, etc. of the crime, all the sentencing conditions shown in the arguments in this case, and the sentencing guidelines established by the Supreme Court Sentencing Committee (Embezzlement and Breach of Trust) / [the scope of recommending punishment / [the scope of punishment / [the scope of 50 million to six years] 3 (50 billion won) and the basic area (2 to five years) (2 to five years) / [the scope of recommending punishment] / the aggravated area (1 year to three years), [the forgery, alteration, etc. of private documents] / The aggravated area (1 year to six years) [the scope of punishment] / The aggravated area (1 year to six years] [the final sentencing scope due to the aggravation of multiple crimes: two to six years, and six years and six months] / [the sentence imposed by the court below is too inappropriate on the defendant.

The defendant's assertion of unfair sentencing is without merit.

Defendant

C As to Defendant C (hereinafter “Defendant”) committed the instant embezzlement for a relatively long period, the Defendant C (hereinafter “Defendant”) committed the instant embezzlement, and the fact that the amount of embezzlement is not much specified is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no criminal record exceeding the fine, and that the defendant is able to repent his/her own fault and reflect his/her depth.

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