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(영문) 의정부지방법원 2018.02.05 2017노3693
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment) is too unreasonable.

2. The judgment period, frequency, and the amount of damage, although the nature of the crime is not less than that of the defendant, the sentence of the court below is too unreasonable in light of the following factors: (a) the victim appears to repent of the defendant's mistake; (b) the victim makes efforts to recover damage by paying the victim a sum of KRW 20 million at the court below and paying additional KRW 20.9 million at the court below; and (c) the victim seems to have not received wages and retirement allowances equivalent to KRW 5 million; and (d) other various sentencing conditions in the records, such as the circumstances leading to the crime, circumstances after the crime, the defendant's age, and family relationship, are considered.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355(1) (including inclusive) of the Criminal Act concerning the selection of punishment for the crime - Selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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