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(영문) 대전지방법원 2017.10.12 2017노2418
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant recognized each of the crimes of this case and reflecteds the mistake, agreed with the victim of the embezzlement and the person under no fault, and that the result of criminal punishment does not occur.

However, in light of the following: (a) the Defendant embezzled the vehicle that the Defendant leased from the victimized person; and (b) the Defendant took the embling of the said vehicle to conceal the embezzlement; (c) the nature of the crime is very bad; (d) each of the instant crimes was committed during the suspended execution period due to fraud; and (e) the Defendant’s age, sexual conduct, environment, motive, means and consequence; and (e) all of the sentencing conditions indicated in the instant records and changes theory, such as the circumstances after the crime, etc., the sentence of the lower court against the Defendant is too unreasonable.

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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