업무상횡령등
The judgment below
The remainder, excluding a compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.
2. In light of the fact that the defendant's embezzlement and embezzlement are not substantial and that the considerable part of the amount of damage is not recovered, the liability for the crime shall not be minor;
However, in full view of the following factors: (a) the Defendant recognized the instant crime and committed mistake; (b) the Defendant made partial efforts for the recovery of damage; (c) the Defendant has no record of any other crime other than sentenced once to a fine; and (d) equity with criminal punishment for any other crime similar to the instant crime; (b) the Defendant’s age, character and conduct, environment; (c) the motive and background of the instant crime; and (d) the circumstances after the commission of the instant crime, etc., the lower court’s punishment is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. According to the conclusion, the part of the judgment below excluding the compensation order among the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;