횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. In light of the following, the judgment of the court below: (a) the defendant recognized all the crimes of this case; (b) the distribution business operated by the defendant was difficult; and (c) some of the circumstances are considered in relation to the crime of this case; and (d) in particular, the defendant's age, character and conduct, the circumstances leading to the crime of this case, and all of the sentencing conditions specified in the arguments of this case, including the defendant's age, character and conduct, the circumstances leading to the crime of this case, and the circumstances after the crime, etc., the defendant's argument is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are recognized as a favorable condition for the defendant. However, the defendant has been punished three times by fraud, in particular, even during the period of suspension of execution due to the same kind of crime, the crime of this case is committed again, and the nature of the crime is heavy, and it is difficult to avoid sentence against the defendant, the defendant is not agreed with the victim C, and other conditions for sentencing under Article 51 of the Criminal Act, which are shown in the records and arguments of this case, such as the motive and background of the crime of this case, circumstances after the crime, and the age and happiness environment of the defendant.