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(영문) 대전지방법원 2016.05.18 2015노3507
횡령
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant can be recognized, such as the fact that the defendant suffered financial difficulties in the operation of the company of this case caused the crime of this case, the payment of rent, and the partial repayment of the amount of damage, and the absence of the record of punishment for the same kind of crime.

However, the defendant did not agree with the victim, and the damage was not recovered in full, and the amount that the defendant embezzled is not much.

In full view of the above circumstances and the fact that there are no special changes in the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, motive, means and method of committing the crime, and the circumstances after committing the crime, the lower court’s punishment cannot be deemed unfair because its punishment is too unreasonable.

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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