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(영문) 수원지방법원 2016.08.12 2016노3706
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. In the judgment of the court below, the defendant led to a confession of the crime of this case and reflects his mistake, and the amount of 29 million won out of the amount of damage was paid at the court below's stage, and there is a favorable condition for the defendant, such as additional deposit for the victim DF for the victim DF. However, the case is not accepted by the court below, taking into account the following as a whole: when the defendant worked as the head of the association of the victim DF and the investigation into the criminal acts of executives including the defendant, he withdrawn the amount of 367.4 million won out of the total amount of money while on duty for the victim, and paid the amount of money as personal attorney's fee in light of the criminal law and circumstances using the defendant's status, etc., the crime is extremely poor and serious punishment is inevitable; since the defendant's age, sex, environment, intelligence, motive and method of the crime of this case; the defendant's punishment is not accepted until the judgment of the court below is too unfair before and after the crime of this case; and the defendant's punishment is not 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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