횡령등
The judgment below
Part 2 and 3 of the judgment shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
1. The summary of the grounds for appeal is too unreasonable (one year of suspended sentence for the first crime, one year of suspended sentence for the second crime, and eight months of imprisonment for the second and third crimes as stated in the holding) which the court below pronounced by the court below.
2. Determination
A. The circumstances favorable to the defendant are that the defendant recognized the crime of this case as part of the judgment No. 1, and reflects his mistake, and that the victim does not want the punishment of the defendant under an agreement with the victim E, etc.
On the other hand, the embezzlement amount of this case is not much than KRW 55 million, and the defendant has a record of criminal punishment several times, etc. are disadvantageous to the defendant.
Considering the above circumstances and the circumstances that are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court does not seem to be unreasonable on the ground that the sentence imposed on the Defendant for this part of the crime is unreasonable.
B. Each of the crimes of this case in the part 2 and 3 of the judgment of the court below is a situation unfavorable to the defendant, such as the fact that the crime of this case in the part 2 and 3 of the judgment of the court below requires strict punishment as it damages public trust in official documents, the fact that the defendant was punished as a crime
On the other hand, the fact that the defendant recognized the crime of this case and reflected his mistake, and the crime of this case was intended not to raise the above embezzlement, and as seen above, the agreement with the victim of the embezzlement was reached, etc. are favorable to the defendant.
Considering such circumstances as above and the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case, and other circumstances that are the sentencing as shown in the records and arguments, the sentence imposed by the court below on the defendant for each of the crimes in this part is somewhat unreasonable.
3. If so, the judgment of the court below is in part 2 and 3 of the judgment of the court below.