logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.11.25 2015노1279
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment, two years of suspended sentence, and eight hours of community service order) is too unreasonable.

2. The judgment of the court below is advantageous to the fact that the defendant recognized his mistake and reflects the fact that the total amount recognized as the amount of embezzlement was deposited for the victim and thus the damage was recovered most, and that there was no criminal record exceeding the fine, while the court below seems to have taken into account the above circumstances in favor of the defendant. On the other hand, there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the decision of the court below. The crime of this case is not suitable to be a case where the defendant embezzleds money of the victim whose intellectual level is low, and the crime of this case is committed in light of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, and it is not recognized that the sentence of the court below is improper because it is too excessive

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.

arrow