업무상횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment shall be imposed for two years from the date of the final judgment.
1. The summary of the grounds for appeal appealed on the grounds that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too excessive (ten months of imprisonment).
2. In full view of the following circumstances: (a) the Defendant committed a crime in the course of the trial when he was guilty; (b) the total amount of the embezzlement was deposited for the victim; and (c) the motive and means of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age and character and conduct, etc., the sentence imposed by the lower court is too unreasonable (ten months of imprisonment).
3. Thus, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is ruled as follows
[Separate Judgment] Criminal facts and summary of the evidence recognized by the court and summary of the evidence are criminal facts and summary of the evidence, and criminal facts 2-A.
The name of each “B” in the name of each “B” corporation in the name of each “B”, 3-4 lines and 7-8 lines.
‘The name of each 3rd and the 6-7th and each 6-7 third’ is ‘the name of each 'B’.
In addition to the fact that the name of each of the 3 lines and Q 10-11 in each of the 10-11 lines “B, each of them is removed from each of the respective corresponding columns of the lower judgment, and except that the phrase “the Defendant’s partial statement” in the summary of evidence as “the Defendant’s legal statement” is deemed as “the Defendant’s legal statement”, it shall be cited in accordance with Article 369 of the
Application of Statutes
1. Articles 356, 355 (1), 231, 234, and 231 of the Criminal Act applicable to the relevant criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a person commits a misunderstanding of himself/herself and has deposited the full amount of embezzlement);
1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;