업무상횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. The judgment is an unfavorable circumstance where the Defendant, while holding office as the head of a trade union, is not sufficient to manage union funds, mutual aid funds, etc. which are public funds, and the crime of embezzlement of this case using it is not sufficient to commit the crime of attempted fraud, and the amount of damage is not recovered, but a significant portion of damage is not recovered, and multiple union members or workers want to be punished against the Defendant.
However, there is no previous difference between the defendant and a person who has been sentenced to imprisonment without prison labor or heavier punishment, and the circumstance leading to the crime of embezzlement of this case seems to be attributable to the previous wrong practices of association operation, the fact that the actual gain of the defendant seems to be much smaller than the amount of embezzlement in the judgment below, the actual gain of the defendant seems to be much smaller than the amount of embezzlement in the judgment of the court below, there are some circumstances to be considered in the case of some crimes (Attorney non-at-law embezzlement and embezzlement of union expense in February 201), the fact that the defendant is recognized as a crime in the judgment of the court, and the part of the members want to take the preference against the defendant, and all other various sentencing factors such as the defendant's age, character and conduct, environment, motive, circumstance and method of the crime of this case, circumstances after the crime, etc. are considered to be unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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