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(영문) 울산지방법원 2019.08.23 2019노450
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (nine months of imprisonment) by the lower court is too unreasonable.

2. It is recognized that the judgment is based on the following facts: (a) the Defendant recognized the instant crime and reflects the Defendant; and (b) the fact that the judgment ought to consider equity in the case of being tried at the same time as the offense of violation of the Act on the Control

However, comprehensively taking account of the following factors: (a) the amount of damage is considerable; (b) the amount of damage is not recovered, which is not agreed with the victim; and (c) the Defendant’s economic situation, age, character and conduct, environment, circumstances after the crime was committed, and whether the circumstances after the judgment of the court below were changed; and (d) the sentence of the court below appears to be reasonable and appropriate; and (e) it cannot be deemed that the sentence

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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.

(A) The prosecutor applied for the amendment of a bill of amendment to the indictment to correct the "2017." of the facts charged in the instant case as "2018." However, this court permitted the amendment of the indictment to the effect that the subject of the trial was changed or that there was a change in the facts charged to the extent that the defendant's exercise of his/her right to defense. Thus, the judgment of the court below is not reversed on the ground of the amendment of the indictment, and the facts charged in the lower judgment are not corrected as

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