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(영문) 부산지방법원 2014.05.02 2013노1400
업무상횡령등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for two years and by a fine of 450,000 won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below (Article 2: 1 year of imprisonment and fine of KRW 300,00,000, and imprisonment of the third court: 6 months) on the defendant (unfair punishment) Nos. 2 and 3 of the court below is too unreasonable.

B. The punishment sentenced by the court below (two years of imprisonment with prison labor for one year, and fine of three hundred thousand won, probation) and the punishment sentenced by the court below by the court below by the court below by the court below by the court below by the prosecutor (unfair punishment) is too uneasible and unfair.

2. The case of this court 2013No1400, which is the appeal case against the judgment of the court of first instance prior to the judgment on the grounds for appeal by the defendant and prosecutor ex officio, the case of this court 2013No3022, which is the appeal case against the judgment of the court of second instance, and the case of this court 2013No4293, which is the appeal case against the judgment of the court of second instance, was consolidated in the procedure of the party hearing. Each crime of the judgment of the court below is in both concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the extent that aggravating concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot be exempted from reversal

In addition, the Prosecutor applied for the amendment of a bill of amendment to the indictment by changing the "victim AM" of the second instance judgment among the facts charged in relation to paragraph (1) of the criminal facts of the third instance judgment to "victim", and this Court permitted this to change the subject of the judgment. Meanwhile, this part of the facts charged and the remainder of the facts charged are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and since the third instance judgment rendered a single sentence as to all the facts charged, the third instance judgment was no longer able to maintain.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining all the judgment of the prosecutor and the defendant's allegation of unfair sentencing, and it is again subject to pleading.

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