횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (ten months of imprisonment) is too unreasonable, and the reasons for appeal by the prosecutor are deemed to be too uneasible and unreasonable.
2. The conclusion that the Defendant committed the instant crime even though he/she had the record of punishment for the same kind of crime, and that the amount of embezzlement damage exceeds approximately KRW 60 million is disadvantageous.
However, in full view of the following circumstances: (a) the Defendant has been recognized as committing the instant crime when the Defendant was in the trial; and (b) the victim did not want the punishment of the Defendant by mutual agreement with the victim at the time of the trial; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) other circumstances that are conditions for sentencing specified in the pleadings in the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment seems to be somewhat unreasonable. Therefore, the Defendant’s assertion
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act (as long as the judgment of the court below is accepted and reversed, the prosecutor's appeal is not dismissed) and the defendant's appeal is again decided as follows
[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as follows: (a) The summary of evidence “a summary of the evidence” in Article 2 of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for the alteration of the Defendant’s partial statement to “1. The Defendant’s oral statement” to “1. The Defendant’s oral statement at the court below.”
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. We examine the allegation of unfair sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspended sentence.