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(영문) 대구지방법원 2015.01.09 2014노1716
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. It is recognized that the defendant made a confession of the crime and reflects the wrongness, and that there is no criminal record punished for the same kind of crime.

However, in view of the fact that the amount of damage caused by the instant crime is considerably larger than KRW 50 million, and that damage has not been recovered or agreed with the victim up to the trial, and the character and conduct of the Defendant, the environment, the motive, means and methods of the instant crime, the circumstances after the instant crime, etc., the lower court’s punishment cannot be determined to be excessively unreasonable.

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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