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(영문) 울산지방법원 2013.09.13 2013노538
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (2 million won of fine, etc.) on the defendant is too unreasonable.

(2) On the first day of the trial of this Court, the defendant and his defense counsel have withdrawn his argument of misunderstanding the legal principles, and thus, they cannot be judged separately). 2. Although there are favorable circumstances such as: (a) the defendant does not seem to have made personal benefits by embezzlement; and (b) the defendant reflects his fault; (c) the court below seems to have determined the punishment for the defendant by reducing the amount of the punishment for the defendant more than the initial summary order in consideration of such circumstances; (d) the damaged amount of the embezzlement crime of this case is up to KRW 50 million; (e) the defendant was damaged or was not used more than 10 times due to embezzlement; (e) the defendant again committed each crime of this case even though he had been punished more than 10 times due to embezzlement; and (e) other various sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime; and (e) circumstances after the crime, etc., the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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