beta
(영문) 청주지방법원 2020.11.13 2019노1637

횡령

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) imposed by the court below is too unreasonable.

2. On July 23, 2019, the Defendant was sentenced to six months of imprisonment with prison labor at the Cheongju District Court for fraud, and the said judgment became final and conclusive on November 29, 2019.

Since the crime of fraud and the crime of this case for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after considering equity and mitigation or exemption of punishment in accordance with Article 39(1) of the Criminal Act, and the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.

[Discied Reasons for Judgment] Summary of facts constituting an offense and evidence recognized by the court and summary of evidence are the facts constituting an offense and summary of evidence. "Defendant" in front of facts constituting an offense

7. 23. Cheongju District Court rendered a judgment of six months of imprisonment for fraud, which became final and conclusive on November 29, 2019.

In addition, “1. Cheongju District Court Decision 2018 High Court Decision 2018 High Court Decision 1284, “1. Cheongju District Court Decision 2019No1224, “1. Cheongju District Court Decision 2019No15371,” and “1. Investigation” are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant, the damage amount in this case is not relatively large, the damage amount was temporarily returned, and the judgment of the head of the crime is finalized.