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(영문) 대구지방법원 2014.12.19 2014노2738

횡령등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The Defendant’s damage amount from each of the instant crimes exceeds KRW 27 million; the Defendant has been punished once for the commission of the instant crime; the Defendant had been punished once for the commission of the instant crime; the Defendant did not reach agreement with the majority of victims up to the trial. However, the Defendant is confession and reflect on the instant crime at the trial; the amount of damage from the instant crime is not more than KRW 500,000; the Defendant did not have reached agreement with the F of the victims of the instant crime; the Defendant had no record of criminal punishment more than a suspended sentence; the scope of the recommended sentence on the sentencing guidelines of the Supreme Court for each of the instant crimes [basic crime: Type 1 (less than KRW 100,00), aggravated factors; the number of crimes was extremely defective, mitigated; the area of punishment; the basic crime: the Defendant’s imprisonment with prison labor for not more than KRW 16,000,000; the Defendant’s motive of the instant crime; the Defendant’s imprisonment with prison labor for not more than two years; the pertinent punishment range of imprisonment with prison labor for not more than two years; the following two years;

3. If so, the defendant's appeal is reasonable, and the judgment of the court 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 the facts charged and the summary of the evidence admitted by the court is as stated in the corresponding column of the judgment of the court below except for adding 3 times the defendant's oral statement at the court below on 1.3 billion won to the summary of the evidence. Thus, Article 369 of the Criminal Procedure Act applies.