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(영문) 청주지방법원 2016.08.12 2016노467
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The lower court determined that the Defendant was sentenced to a punishment by taking account of the favorable circumstances, such as the Defendant’s embezzlement of labor cost to be borne by the husband and wife under the responsibility of the Defendant, and the Defendant’s embezzlement, causing damage not only to the victim company but also to the majority, not to recover damage, and there was no effort to recover damage, etc., and the Defendant did not have any particular criminal record except for the criminal record of a fine due to the violation of the Labor Standards Act at one time.

The above sentencing of the court below is different from the above sentencing, taking into account the motive, circumstance, result, Defendant’s age, and sexual behavior, etc. of the crime of this case, the court below’s sentence of imprisonment for a period of one year and four months was made within the scope of the sentencing discretion of the court below, and it cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's argument of sentencing cannot be accepted.

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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