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(영문) 인천지방법원 2015.11.27 2015노2958
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment and two years of suspended sentence) of the lower court is too unreasonable.

2. However, in light of the favorable circumstances, including the fact that the Defendant led to confession and reflects on the instant crime, the fact that the instant embezzlement was fully repaid to the victim, the fact that there was no record of criminal punishment, etc., on the other hand, the nature of the instant crime is inferior in light of the background and content of the instant crime, and the method of the commission of the crime, the sum of the instant embezzlement is not shorter than the period of the instant crime, and the amount of the instant embezzlement is not at least KRW 223,067,50, and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age and happiness environment, the circumstances before and after the instant crime, etc., it cannot be deemed unfair

3. If so, 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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