logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.07.05 2017노1806
횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not very good, and that the amount of damage caused by the instant embezzlement is not considerable, strict punishment against the Defendant is necessary.

However, in light of the defendant's age, sex and environment, motive, means and consequence of the crime of this case, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the defendant's punishment against the defendant is too unreasonable. Thus, the defendant's above assertion is justified, and the prosecutor's above assertion is without merit.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 355(1) of the Criminal Act (the point of embezzlement), Articles 60(1)1 and 12 of the Emergency Medical Service Act (the point of interference with emergency medical services) of the Emergency Medical Service Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

arrow