beta
(영문) 서울동부지방법원 2016.07.15 2016노618

업무상횡령등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the reasons for appeal by the defendant is that the sentence of the court below that sentenced the defendant for 6 months of imprisonment is too unreasonable.

In full view of the following circumstances: (a) the Defendant did not have any personal benefit due to the instant crime; and (b) there was no same criminal record; and (c) other circumstances, such as the Defendant’s age, environment, etc., in addition to the agreement with the victim G at the lower court, the Defendant’s sentence is too unreasonable and unfair.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the point of each business embezzlement) concerning facts constituting an offense, and Article 355 (1) of the Criminal Act (the point of each embezzlement) (the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the suspended sentence [the scope of the recommended sentence] The person who is specially mitigated in the mitigated area of Class 1 (less than KRW 100 million) (~10 months): The person who is not subject to the suspended sentence [the criteria for the suspended sentence], the main reasons for affirming the choice of suspended sentence: the person who is not subject to the suspended sentence [the decision of the sentence], and the person who