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(영문) 의정부지방법원 2020.09.10 2020노1595
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The crime of this case leads to the amount of damage of KRW 20 million.

The defendant has previously committed several crimes and has been punished by a fine more than 10 times.

As a result of the instant crime, Edo deposit payment, other than the victim, was disadvantaged by uncertainty of legal relations.

In the course of investigation, the victim expressed that he would be punished for severe punishment against the defendant.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the punishment of the court below is reasonable.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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