점유이탈물횡령
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
The seized mobile phone;
1. The summary of the grounds for appeal is too unreasonable to impose a fine of one million won imposed by the court below on the defendant.
2. The Defendant is the first offender who judged the grounds for appeal, and is in profoundly against the instant crime.
The damaged article was seized through the process of submitting it to the person.
The defendant has entered a small and medium enterprise with early old age in society and has faithfully worked for the small and medium enterprise, and the defendant's friendship is also publicly announced by submitting a written application for carbon against the defendant's wife.
In addition, the sentencing of the lower court is too heavy in full view of all the factors of sentencing, including the Defendant’s age, character and conduct, the environment, the motive, means, and consequence of the instant crime, and the circumstances after the crime.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant recognized by this court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act concerning the selection of punishment;
1. Penalty fine of KRW 1,000,000 to be suspended;
1. Articles 70 and 69(2) of the Criminal Act for the inducement of a workhouse (one million won per day converted);
1. Article 59 (1) of the Criminal Act of suspended sentence;
1. Article 333 (1) of the Criminal Procedure Act for return;