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(영문) 서울중앙지방법원 2015.04.17 2014노4235

횡령등

Text

1. All the original decisions shall be reversed.

2. The defendant shall be punished by imprisonment for one year;

Reasons

1. Summary of grounds for appeal;

A. Defendant (with respect to both judgment of the original court): The sentence of the lower court is too unreasonable.

B. Prosecutor (as to the judgment of the second instance court): The sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor.

This Court held that the appeal cases against the original judgment were consolidated and tried.

Since the crimes of each joined case are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent crimes in accordance with the example of Article 38(1) of the Criminal Act.

Therefore, the three decisions of the court below that sentenced the defendant to the three punishment could no longer be maintained.

3. If so, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and it is again decided as follows through pleading.

Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Article 355(1) of the Criminal Act (the point of each embezzlement), Article 347(1) of the Criminal Act (the point of fraud), and the choice of imprisonment with prison labor;

2. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The conditions favorable to the defendant shall be as follows:

There is no previous conviction or imprisonment without prison labor or any heavier punishment.

Some of the damages were repaid.

2. The circumstances disadvantageous to the defendant shall be as follows:

The amount of damage caused by the instant crime is large.

Until now, considerable damage has not been recovered.

3. The defendant's age, character and conduct, environment, health status, criminal records, and criminal records, as well as the motive, means, and result of the crime of this case.