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(영문) 대전고등법원 2021.01.22 2020노398
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant's appeal is dismissed.

Reasons

The Defendant appealed that the sentence of 2 years and 6 months was excessive and unfair on account of the crime that he embezzled money deposited in the company’s account.

In light of the circumstances favorable to the defendant in the instant case, even if maximum consideration is given to the favorable circumstances of the defendant as stated in the instant case, considering the amount of the charged damage, even if the amount of the damage was high and the damage was not actually recovered, the defendant still did not have any significant criminal liability, even if he did not receive any remedy from the injured person, even though he did not have any specific criminal liability.

Then, the court below's punishment is reasonable and acceptable, and there is no circumstance that the maintenance of the sentence as it is is, contrary to the justice and equity, considerably deviates from the scope of sentencing discretion, or that the condition of sentencing has been changed to the extent that it should not be mitigated. In light of the justice and equity, there is no circumstance that the sentencing condition has been changed to the extent that it should not be mitigated.

We cannot accept the defendant's unfair argument in sentencing.

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.

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