업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) in light of the fact that the defendant met most of the damage and agreed with the victim, the sentence of the court below (one year of imprisonment) is too unreasonable.
2. In full view of the following circumstances: (a) the Defendant paid approximately KRW 2300 million out of the amount of damage; (b) the Defendant agreed with the victim at the time of the trial; (c) the Defendant did not have any criminal record; and (d) the Defendant recognized all the instant crimes; and (c) the Defendant’s mistake was divided; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, and environment, the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 356 and 355 (1) of the Criminal Act, and the selection of a punishment by imprisonment, inclusive, with prison labor under Article 356 and 355 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence], and the reason for the crime of embezzlement and breach of trust under Article 62(1) of the Act on the Punishment and Breach of Trust (the period between June and 500 million won). The special mitigated person is not subject to the suspended sentence (the period between June and two years): The main reason for affirming the suspended sentence [the criteria for the suspended sentence], the non-compliance with the suspended sentence, and the first offender [the decision of the sentence], taking into account