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(영문) 서울남부지방법원 2017.06.16 2017노401
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (six months of imprisonment) is too unreasonable.

2. There is no change in the conditions of sentencing compared with the original judgment, as the new materials for sentencing have not been submitted at the trial of the original judgment, and the sentencing judgment of the lower court exceeded the reasonable bounds of its discretion, considering other factors on the conditions of sentencing and the statutory penalty, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or the judgment of the court below is assessed.

Therefore, the sentence imposed by the court below is judged to be appropriate, and it does not seem to be unfair because it 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.

However, among the facts constituting the crime of the lower judgment, “B shall be added, and the daily list of the crime of the lower court shall be replaced by the list of crimes in attached Form 25(1) of the Regulation on Criminal Procedure” as stated in the “Post-Date” from the above day to May 2012, and the correction shall be made ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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