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(영문) 인천지방법원 2014.11.27 2014노3364
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

, however, this shall not apply to the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and against himself/herself, and that the victim agreed with the victim and expressed his/her intent that he/she does not want to punish the defendant, and other circumstances that form the conditions for sentencing indicated in the records, such as the defendant's age, character, conduct, environment, occupation and family relationship, the sentence imposed by the court below is somewhat 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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 provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (Taking into account the favorable circumstances in the preceding);

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