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(영문) 울산지방법원 2013.07.26 2013노209

횡령등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Punishment of Violences, etc. Act (joint intimidation) in the judgment of the court below, the court below found the defendant guilty as to this part on the premise that the defendant did not have any such abusive language. There is an error of law by misunderstanding the fact and thereby affecting the conclusion of the judgment.

B. The sentencing of the lower court (one year of imprisonment and three years of suspended execution) is too unreasonable.

2. Determination

A. According to the evidence presented by the court below in the judgment of the court below, the defendant jointly with co-defendant A and threatened the victims with such abusive language, etc. as stated in the facts constituting a crime in the judgment of the court below. Thus, this part of the judgment of the court below does not seem to have an error of misunderstanding of facts (in particular, the defendant denies this part of the facts constituting a crime during the fourth trial of the court below, even though all of these facts were recognized, and it cannot be found that there is any particular circumstance to reverse such statement). Therefore, this part

B. In light of the following: (a) the instant embezzlement claim on unreasonable sentencing amount amounting to KRW 300 million (the Defendant asserts to the effect that, among the above KRW 300 million, the remaining benefits would not be much; (b) however, the Defendant’s previous obligation claimed by the Defendant is insufficient evidence to acknowledge it; or (c) it is difficult to readily conclude that the Defendant’s previous obligation is included in the operating losses or the victims should bear the burden; and (d) there are criminal records of the same kind, such as the crime of violation of the Punishment of Violences, etc. Act, the Defendant’

However, the actual damage suffered by the victims during the embezzlement amount of 300 million won is limited to the amount within the limit of the victim's share ratio, and the degree of intimidation is limited to the violation of the Punishment of Violences, etc. Act (joint intimidation).