횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
An application for compensation by an applicant for compensation shall be dismissed.
1. The decision of the court below is too unreasonable to punish the defendant as to the summary of the grounds for appeal.
2. The court below determined the defendant's punishment on the grounds of sentencing as stated in its reasoning. Considering the circumstances stated by the court below, the court below further submitted to this court a written agreement (written application for no punishment) to the effect that the defendant repaid 25 million won to the victim and did not want the defendant's punishment, and the written withdrawal of the complaint, the court below's punishment is unreasonable.
Therefore, the defendant's argument is justified.
(3) The application for compensation order by the applicant for compensation order is not accepted in the criminal procedure, since the existence or scope of the compensation liability of the accused and the victim are unclear, and it is not reasonable to issue an order for compensation in the criminal procedure due to disputes over the details and scope of the application for compensation order between the accused and the victim as to the application for compensation order.
4. As such, the Defendant’s assertion of unreasonable sentencing is with merit, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s application for compensation filed by B, an applicant for compensation, is dismissed pursuant to Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and is so decided as per Disposition.
【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to those stated in the corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 355 (1) of the Criminal Act and Article 355 of the Criminal Act concerning criminal facts;