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(영문) 서울중앙지방법원 2014.02.06 2013노4238
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one and half years of imprisonment) is too unreasonable;

2. The judgment is against the defendant's wrong, and there is no history of punishment exceeding the same criminal records or fine. However, the court below's punishment is too heavy in light of all the sentencing conditions in this case, including the fact that the defendant's mistake is against the defendant, and the defendant's age, character, and environment is not excessive, considering the fact that the defendant's punishment is too heavy in light of the criminal punishment methods and the period of the crime, such as by deceiving the bicycle parts owned by the damaged company or embezzlement the proceeds from the customer through the credit card owned by the victim I while working at the injured company, by taking account of the fact that the defendant's bicycle repair cost is stolen from the victim's M., and by taking account of all the sentencing conditions in this case.

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

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