횡령등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.
2. The accused has been punished several times for robbery, injury, and violence crimes (the punishment and the suspension of execution).
The crime of this case is committed by the defendant, while selling mobile phone sales business, by embezzlement or defrauding the mobile phone equivalent to about 16 million won in total of the market price, and by withdrawing money and valuables from the victim to receive a return of his own car.
The crime of special larceny is also committed on a planned basis, and there is a little amount of damage to about 20 million won.
It is inevitable to punish the defendant with strict penalties corresponding to them.
However, the damage caused by the instant special larceny was recovered, and the Defendant agreed with the victims of the special larceny and the crime of embezzlement in the first instance in addition to the agreement with the victims of the crime of fraud and embezzlement.
The Defendant’s mistake in committing the instant crime is divided, and is against himself.
In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in 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. Article 35(1) of the Criminal Act, the pertinent provision on criminal facts, Article 355(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 350(1) of the Criminal Act, Articles 352, 350(1), and 30 of the Criminal Act, Articles 352, 350(1), and 331 of the Criminal Act, the choice of criminal punishment (the point of attempted conflict, the choice of imprisonment).