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(영문) 울산지방법원 2017.10.13 2017노977
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding that the picture of this case was donated by a person who was related to the Defendant, and thus cannot be seen as another person's property which is the object of embezzlement from the beginning. While the above picture was kept in the Defendant's house as it was, the mother's mother's abandonment with garbage was lost, and thus, the defendant's mother's mother's loss was lost with garbage, and even though the Defendant did not refuse the return of the above picture and embezzled it, the court below found the Defendant guilty of the facts charged of this case, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport in the lower court. However, the lower court rejected the above assertion in detail while explaining the lower court’s determination on the lower court’s summary of evidence. Examining the lower court’s aforementioned determination in comparison with the evidence duly adopted and examined, the lower court’s determination is just and acceptable, and there was an error of law by misunderstanding the facts, as otherwise alleged by the Defendant.

shall not be deemed to exist.

Therefore, this part of the defendant's argument is without merit.

B. As to the wrongful assertion of sentencing, there is no objective circumstance that the instant picture does not seem to be favorable to the Defendant, such as the fact that the victim and the Defendant had an anticipated value. However, considering all the circumstances unfavorable to the Defendant, including the fact that the Defendant committed the instant crime during the repeated crime period due to fraud, and that the Defendant did not make any effort to pay damages or to reach an agreement while denying the crime, taking into account the circumstances unfavorable to the Defendant, such as the Defendant’s age, sexual behavior, environment, criminal record, criminal record, motive and circumstance of the crime, and circumstances after the crime, etc., the sentencing conditions indicated in the pleadings are considered.

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