업무상횡령등
The judgment below
The remainder, excluding a compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
(b).
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. In light of the fact that the defendant embezzleds money that he has received over a long-term period of time, as well as that the defendant forged the specification of transactions to conceal such money, and that the amount of embezzlement is not much specified, the liability of the defendant for the crime is not less than that of the defendant.
However, in full view of the following factors: (a) the Defendant agreed to pay and pay the amount of damage to the victim when it comes to the trial; (b) the Defendant recognized the instant crime; (c) the Defendant has no record of criminal punishment; and (d) equity with criminal punishment for other crimes similar to the instant crime; and (c) the Defendant’s age, character and conduct, environment; (d) motive and circumstance of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.
3. According to the conclusion, the part of the judgment below excluding the compensation order among the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that 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 legal provisions concerning criminal facts, Articles 365 and 355(1) of the Criminal Act (including the occupation of occupational embezzlement and the comprehensive possession thereof), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 231 of the Criminal Act, and the choice of imprisonment, respectively;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Article 62 (1) of the Criminal Act ( normal consideration in favor of the reason for reversal).