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(영문) 부산지방법원 2015.04.16 2014노4236
점유이탈물횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 2.5 million (a fine of KRW 2.5 million) is too unreasonable.

2. The Defendant’s confession of the instant crime is favorable to the Defendant.

However, around September 2009, the Defendant had been sentenced to a fine of KRW 2 million with the content similar to the instant crime, and the lower court appears to have determined the sentence by reducing a fine of KRW 3 million to the Defendant by taking full account of the circumstances favorable to the Defendant, as above, taking into account that there is no change of circumstances that may vary between the lower court and the punishment into account, and other various factors that form the conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. 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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