배임
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.
2. The judgment of the court below is unreasonable in light of the following factors: (a) the defendant led to the confession and reflect of the crime of this case; (b) the defendant disposed of the machinery of this case to pay the proceeds for personal purposes; (c) there are circumstances to consider the contents and circumstances of the crime; (d) there are no criminal records other than the punishment imposed once; (c) the defendant's husband G has made efforts to recover damage by paying the amount of damage in installments to the victim; and (d) the defendant's husband G has made efforts to pay the amount in installments according to the repayment plan; and (e) the fact that the amount of damage is high; and (e) the fact that the amount of damage is high shall be considered as unfavorable circumstances; and (e) the punishment of the court below is too unreasonable in light of the sentencing conditions, such as the defendant's age, character,
Therefore, the defendant's argument is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 355 (2) and (1) of the relevant Act concerning the facts constituting an offense, the multiple-choice of punishment, and the choice of imprisonment;
1. On the same grounds as stated in the judgment of unfair sentencing on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the sentence shall be determined as per Disposition.