횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal asserts that the court below's imprisonment (ten months of imprisonment) is too unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant embezzled another person’s property, and the amount of damage exceeds KRW 70 million, etc.
However, in full view of the fact that the defendant agreed with the victim in the trial, that there is no criminal history exceeding the same crime and fine, and that there is no family member to support the defendant, etc., the defendant was detained for about two months in consideration of the circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., the court below's punishment is unreasonable.
3. 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 the following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
2. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);