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(영문) 대구지방법원 2020.12.24 2020노253
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court found guilty of embezzlement and damage to special property among the facts charged in the instant case, and rendered a judgment of dismissing public prosecution as to intimidation. Since only the Defendant filed an appeal to the guilty part and the part of dismissing public prosecution is separated and confirmed as it is, the scope of the judgment of the lower court is limited to the convicted part of the lower judgment.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, suspension of execution for two years, probation, and community service order 240 hours) imposed by the court below is too unreasonable.

3. The fact that the defendant recognized his mistake and against himself, the fact that the above victim was not punished by the defendant under an agreement with the victim H of special property damage, and the fact that the defendant's health condition is not good is favorable to the defendant.

However, in light of the contents of the instant crime and the applicable law, it is not good for the Defendant to commit the crime, and in light of the fact that the Defendant committed the crime of causing special property damage even though he had the criminal capacity of punishment for violent crime prior to the instant case, and that the Defendant did not have been used from the F of the embezzled victim up to the trial, and other various circumstances, such as Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., which are conditions for sentencing, and that there are no new circumstances or changes in special circumstances that may be reflected in sentencing after the sentence of the lower judgment, it is not recognized that the

4. 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. It is so decided as per Disposition.

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