특정경제범죄가중처벌등에관한법률위반(횡령)등
All convictions in the judgment of the court below Nos. 1 and 2 shall be reversed.
A defendant shall be punished by imprisonment for three years.
The court below's judgment Nos. 1 and 2 of the facts charged ( ① Violation of the Illegal Check Control Act with respect to the check No. 10 on the attached Table No. 2 of the indictment in the judgment below No. 1, ② among the judgment below of the court below of the second, the prosecution against some of the charges (the violation of the Act on the Control of Illegal Check No. 10 on the Check No. 2 of the annexed Table No. 10 on the Crimes No. 2 of the indictment), and the conviction against the remainder of the charges is dismissed.
However, only the guilty portion of the lower judgment was appealed by the Defendant, and the Prosecutor indicated in each petition of appeal regarding the lower judgment as “the entire scope of appeal” in its entirety, but it is clear that the Defendant only contests the sentencing unjustifiable in light of the content indicated in the column of “reason for Appeal” in each petition of appeal, the reason for appeal, and the statement at the trial date in the trial of the lower court. As such, the dismissed portion of each of the lower judgment’s dismissal of each public prosecution is separately determined as is, and is excluded from the scope of the judgment of this court (it does not appear that ex officio deliberation and determination as to each of the dismissed parts of each public prosecution)
The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the various sentencing conditions of Defendant 1 and 2 in the instant case (the first instance judgment: imprisonment with prison labor for 2 years and 6 months, and the second instance judgment: imprisonment with prison labor for 1 year and 2 months).
In light of the various sentencing conditions of the Prosecutor’s instant case, each of the above sentences sentenced to KRW 1,2 in the first and second instances is deemed unreasonable.
We examine ex officio the grounds for appeal by both ex officio.
The defendant and the prosecutor filed an appeal against all the judgment of the court below (excluding the dismissal part of each public prosecution among the judgment of the court below Nos. 1 and 2; hereinafter the same shall apply). This court decided to hold a joint hearing of the two cases.
In this regard, each crime of the judgment of the court below is defined in Article 37 of the Criminal Act.