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(영문) 의정부지방법원 2020.06.12 2020노808

점유이탈물횡령등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unhued and unreasonable.

2. The judgment is against the defendant's recognition of the crime of this case, the fact that the amount settled by the credit card, etc. lost by the defendant is a small amount of money, etc. However, in light of the sentencing conditions as shown in the argument of this case such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to 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. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act for criminal facts, the choice of punishment, and the choice of imprisonment for each of them, Article 347-2 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (a point of fraud), Article 70 (1) of the Specialized Credit Financial Business Act (a point of lost use of credit cards, etc.), and the

1. Of concurrent offenders, the sentence is determined as per the order, taking into account the various circumstances examined in the judgment on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the aforementioned judgment on the grounds of unfair sentencing.