logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.05.08 2020노867
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and nine months of imprisonment) is too unreasonable.

2. The judgment below seems to have rendered a sentence of one year and nine months by comprehensively taking into account the circumstances favorable to the defendant (the fact that the defendant appears to be against the crime, the repayment of approximately KRW 11.1.6 million out of the amount of damage, and the fact that there is no record of criminal punishment) and unfavorable circumstances (the defendant continues to commit the crime in such a way that he/she embezzleds money for a long time and repeats the crime, and the total amount of damage is 45,4920,000,000 won, and the victim is punished by severe punishment against the defendant), and the recommended sentence (one to three years of imprisonment) according to the sentencing guidelines of the Sentencing Committee of the Supreme Court.

In light of the above reasons for sentencing as pointed out by the court below and other circumstances, such as the defendant's ordinary character, conduct, health condition, family relationship, motive, circumstance, and result of each of the crimes in this case, the circumstances after the crime was committed, and it cannot be deemed that there was any special change of circumstances that could be assessed differently from the conditions of sentencing in the court below, since no action was taken for recovery from damage, such as agreement with the victim or additional deposit, etc., and it cannot be deemed that there was a change of circumstances that could be assessed differently from the conditions of sentencing in the court below.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow