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(영문) 대전지방법원 2015.12.03 2015노2960
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 7 months and 2 years of suspended sentence) of the lower court against the Defendant is too unreasonable.

2. The judgment of the court below is without merit, based on the following circumstances: (a) the Defendant agreed with the victim that the victim wanted the Defendant’s wife; (b) the Defendant led the Defendant to the trial for the first time; (c) the amount of damage of the instant case was not significant; and (d) the Defendant’s attitude before and after the instant crime was committed; (d) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; (e) the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court; (e) the embezzlement crime group; (e) the type of punishment (10 million won); (e) the scope of the recommended sentence: (g) the scope of punishment: (e) imprisonment with prison labor for one to ten months; and (g) the Defendant led to the confession of the instant crime; and (e) the Defendant’s assertion that there was no newly discovered material in the process of examining the sentencing of the first instance court (see, e.g.

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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