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(영문) 전주지방법원 2013.08.30 2013노512
점유이탈물횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (the fine of KRW 3,00,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal is the primary offense by the Defendant, and all of the instant crimes are recognized, and favorable circumstances are recognized such as the depth of the instant crimes.

However, the crime of this case is committed by the Defendant, the primary employee, without returning the cell phone lost to the stolen business entity on six occasions, and the nature and circumstances of the crime are not good. In full view of the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions under Article 51 of the Criminal Act as stated in the records of this case, such as the circumstances after the crime, etc., it is deemed that the lower court’s punishment is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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