업무상횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
The judgment of the court below is erroneous in the failure to properly specify the facts of crime by omitting part of the attached crime list even though it accepted the annexed crime list in the part of the facts of crime in its judgment.
3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is so decided as follows.
Criminal facts
The summary of facts and evidence recognized by this court is identical to the corresponding part of the judgment of the court below, except for the replacement of a list of crimes as shown in the attached Form. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning criminal facts and Articles 356 and 355(1) of the Criminal Act concerning the choice of punishment; Articles 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Articles 72(1)1 and 48(1) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016); Article 329 of the Criminal Act; Article 231 of the Criminal Act; Articles 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Article 347(1) of the Criminal Act (amended by Act No. 14080, Mar. 22, 2016); Articles 34 and 231 of the Criminal Act concerning the selection of punishment for each crime;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Article 35 of the Criminal Act among repeated crimes [as to each of the crimes in the case of "2016 Highest 1739 (Merger), 2016 Highest 1847 (Merger), 2016 Highest 1967 (Merger)];
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.