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(영문) 광주지방법원 2016.12.15 2016노3468
점유이탈물횡령등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the judgment defendant reflects the crime, and that the court of first instance agreed with most victims at the time of the trial, and that additional agreement was reached with one victim in the trial, etc. are favorable to the defendant.

On the other hand, the following is disadvantageous.

The number of crimes committed by the Defendant in this case is high.

In the crime of violence, obstruction of business, fraud, habitual larceny, etc., several times have been punished, and the crime of this case was committed again during the period of repeated crime, which is only one month after being released from prison after being sentenced to punishment due to habitual larceny, etc.

Despite the evident evidence at the time of investigation, the circumstances after the crime are not good, such as denying the crime, etc.

In addition, in full view of the circumstances of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, 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 it is without merit. It is so decided as per Disposition.

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