2017No69 Embezzlement

A person shall be appointed.

Defendant

E. E. B.D. (Lawsuits) and E.B. (Trial)

Attorney B (Korean National Assembly)

Ulsan District Court Decision 2016No3818 Decided January 10, 2017

April 14, 2017

The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

The punishment sentenced by the court below (five months of imprisonment) is too unreasonable.

2. Determination

Prior to the instant crime, the Defendant faithfully paid the leased fee to the victim before the instant crime was committed and committed the instant crime in order to raise funds for the operation of business due to the company’s sudden difficulties, and used the proceeds of the instant crime to repay obligations, such as wages, etc. with a smuggling, and the Defendant reflects the Defendant’s intention to commit the crime in depth while committing the crime, and there is no penalty force above the suspension of execution, etc., favorable to the Defendant.

However, considering the following as a whole: (a) the Defendant’s age, character and conduct, environment, family relationship, health status, and the scope of the sentencing guidelines and the scope of the recommended sentencing guidelines in light of the following factors: (b) the lower court’s punishment is too unreasonable, by comprehensively taking account of the following factors: (c) the Defendant’s age, character and conduct, environment, family relationship, health conditions, etc.; and (d) the extent of the recommended sentencing guidelines.

Therefore, the defendant's assertion is without merit.

3. Conclusion

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

Judges Lee Dong-sik

Judges Kim Jong-soo

Judges Whitek