beta
(영문) 서울북부지방법원 2013.10.24 2013노1058

횡령등

Text

The judgment below

Part concerning the first, second, and third crimes in the judgment shall be reversed.

As to the crimes Nos. 1, 2, and 3 of the judgment of the defendant.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. In full view of all the sentencing conditions shown in the records and arguments of the instant case and the fact that the Defendant reached an agreement with the victim D and H when the judgment of the court below was rendered, the punishment for the crimes Nos. 1, 2, and 3 in the judgment of the court below is too unreasonable.

3. Accordingly, the defendant's appeal against the crimes Nos. 1, 2, and 3 in the judgment of the court below is well-grounded. Accordingly, pursuant to Article 364 (6) of the Criminal Procedure Act, this part of the judgment of the court below is reversed, and the defendant's appeal against the crimes No. 4 in the judgment of the court below is without merit, and it is dismissed in accordance with Article 364 (4) of the

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in the corresponding column of the first, second, and third crimes as stated in the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 355 (1) and 347 (1) of the Criminal Act which choose a penalty;

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

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