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(영문) 인천지방법원 2016.11.16 2016노1959
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for four months, one year of probation, and 40 hours of community service order) is too unreasonable.

2. There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized his mistake, the Defendant paid a considerable amount of rent and deposit at the time of the instant crime, the damages were recovered due to the return of the vehicle to the victim, and the agreement was reached smoothly with the victim at the lower court. However, the instant crime is not somewhat less than the nature of the crime as the case of embezzlement due to the failure to refund the vehicle equivalent to KRW 100 million at the market price, and there is no special change in circumstances after the lower judgment was rendered. In full view of the Defendant’s age, character, character, occupation and environment, motive and circumstance, etc., and all the sentencing conditions as shown in the instant records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable.

Therefore, we cannot accept the defendant's above assertion.

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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