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(영문) 인천지방법원 2016.07.22 2016노892

횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the Defendant is unreasonable, due to the inherent nature of the grounds for appeal.

2. The judgment of the defendant committed the instant crime using trust relationship in the social society, and there is a disadvantage to the defendant, such as the fact that the defendant committed the instant crime, and that the amount of damage is not much, but there is a considerable amount of damage. However, it is unreasonable to punish the defendant, considering all the sentencing conditions specified in the pleadings of the instant case, such as the defendant's age, sexual conduct, environment, background and motive of the instant crime, relationship with the victim, and circumstance after the crime, etc., where it appears to be somewhat considered in the circumstance or motive leading to the instant crime.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence admitted by this court is as follows. The facts constituting an offense and the summary of the evidence are as follows: “The Defendant’s partial statement of 1.1.” of the judgment of the court below, i.e., “1. the Defendant’s oral statement of 1.1.” of the judgment of the court below, i.e., “the Defendant’s oral statement of 1.1.1.1.1, and deletion of 2.5 through 13.1.3.

Application of Statutes

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration of the favorable circumstances as seen in the above reversal ground);