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(영문) 대구지방법원 2020.11.06 2019노4212
횡령등
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 million won of fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the sentence against the Defendant by taking into account the favorable circumstances, such as the following: (a) under the circumstances as indicated in its reasoning, under which the complainant wishes to punish the Defendant; (b) the Defendant did not have any record of having been punished in excess of the same kind of crime and fine; and (c) the amount of embezzlement was not significant; (d) there is no special circumstance or change of circumstances to change the sentence of the lower court in the trial; and (e) taking into account all other circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentence is too unreasonable to the extent that it goes beyond the reasonable scope of discretion imposed by the lower court.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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