횡령등
1. All the original decisions shall be reversed.
2. The defendant shall be punished by imprisonment for a term of one year and two months; and
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable since each of the lower courts’ respective sentences is too inappropriate.
2. We examine ex officio the defendant's grounds for appeal prior to judgment.
This Court tried to consolidate each appeal case against the original judgment.
Since the crimes of each combined case are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed within the scope of the term of punishment, for which concurrent crimes are aggravated according to the example of Article 38(1) of the Criminal Act.
Therefore, the decisions of the court below that sentenced two 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 defendant's improper assertion of sentencing, on the grounds that there are grounds for reversal ex officio as seen above, and it is again decided as follows.
The facts of crimes and the summary of evidence recognized by the court are all as stated in the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning the facts of crime, Article 355(1) of the Criminal Act (the point of each embezzlement) and Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment, respectively;
2. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which aggravated concurrent crimes.
1. The conditions favorable to the defendant shall be as follows:
There is no record of punishment of the same kind or imprisonment without prison labor or more.
· received a letter from the victim of the fraud crime.
2. The circumstances disadvantageous to the defendant shall be as follows:
· The amount of damage is a large amount.
- Until now, the victims of the embezzlement crime have not been punished.
3. The order is based on the following circumstances: (a) the motive, means, and consequence of the instant crime against the Defendant; (b) the Defendant’s age, sexual conduct, environment, health status, previous conviction, and circumstances after the instant crime.