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(영문) 의정부지방법원 2016.08.09 2016노825
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession of and reflect on the instant crime, and that he was the first offender.

B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime exceeds KRW 100 million; (b) the victim did not agree with; and (c) the damage was not recovered; and and (d) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, circumstances leading to the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable even if the circumstances favorable to the Defendant were considered,

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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