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(영문) 대전지방법원 2019.08.28 2019노1758
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The fact that the period of the defendant's crime is long and the number of times of the crime exceeds 1400 times, the amount of damage exceeds 80 million won, and the degree of the defendant's violation of duties is very serious is that the defendant is disadvantageous to the defendant.

The fact that the defendant was committed in the first instance and against all of the crimes, that the defendant did not have any criminal records prior to the occurrence of the instant case, that the defendant repaid or deposited a sum of 5.6 million won to the victim in the original trial, and that the defendant additionally repaid or agreed to pay 40 million won in the first instance trial and only agreed to do so is favorable to the defendant.

In full view of the aforementioned circumstances and the motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court is deemed to be too unreasonable.

3. In 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 with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant provision of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the selection of punishment (generally, the choice of imprisonment) shall be determined as per Disposition, taking into account the various circumstances prior to the reasons for sentencing.

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