업무상횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The grounds for appeal (unfair sentencing) are too unreasonable that the sentence of the lower court (for six months of imprisonment, two years of suspended sentence, and 80 hours of community service) is too unreasonable.
2. In full view of the arguments in this case and the reasons for sentencing indicated in the records, such as the fact that the defendant, as 20 young people with no record of criminal punishment, has fully repaid the amount of damage to the victim at the time of the trial, etc., the court below’s punishment without penalty seems to be unfair, and thus, the defendant’s argument of sentencing is with merit.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of fines) concerning the facts constituting an offense;
1. The grounds for sentencing under Articles 70 and 69(2) of the Criminal Act, along with the grounds for sentencing under Articles 70 and 69(2) of the Criminal Act, were taken into account, including the background of the crime and the circumstances after the crime.