횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
The summary of the grounds for appeal of the lower court (one million won of a fine) is too unreasonable.
We examine ex officio the defendant's assertion of unfair sentencing before determining ex officio.
According to the records, on January 23, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for embezzlement, etc. in the Vice-Support of the Incheon District Court on April 22, 2015, and the judgment was finalized on April 22, 2015, and on May 29, 2015, the Incheon District Court sentenced four months of imprisonment with prison labor for fraud, etc. on June 6, 2015, and the judgment became final and conclusive
As above, each of the above frauds, etc. against the defendant for whom judgment has become final and conclusive, and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, after examining whether to reduce or exempt punishment in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Therefore, the lower court, which did not consider this, cannot be maintained any more
Therefore, the judgment of the court below is reversed pursuant to Article 362 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is the first head of the judgment below's criminal facts. The defendant was sentenced to one year from January 23, 2015 to one year from the Incheon District Court's Vice Branch's imprisonment with prison labor for embezzlement, etc. on April 22, 2015, and the judgment became final and conclusive on April 22, 2015.
5. On June 6, 2015, the Incheon District Court sentenced four months of imprisonment with prison labor for fraud, etc., which became final and conclusive on June 6, 2015.
In addition, “1. Court rulings and case agreements auxiliary (date of confirmation)” are the same as the corresponding column of the original judgment, except for addition of “1. Court rulings and case agreements auxiliarys” in the summary of the evidence, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 355 of the Criminal Act concerning criminal facts and the choice of punishment