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(영문) 대전지방법원 2020.11.25 2020노101

횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. In light of the substance of the instant crime, even though the nature of the crime is less than that of the Defendant in light of the substance of the instant crime, the lower court’s punishment is too unreasonable in light of various circumstances, including the following: (a) the Defendant’s perception of the instant crime and reflects the Defendant’s mistake; and (b) the same kind of criminal records are nonexistent; and (c) the victims have not been punished against the Defendant by unanimous agreement with the damaged residents at the time of the first instance trial; and (d) the victim’s age, occupation, character and behavior, environment, family relationship, motive, circumstance, means, and consequence of the crime; and (b) the circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;