logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.01.16 2013노4768
횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The judgment on the defendant's assertion of unfair sentencing may be made on the grounds that the defendant's punishment on the same or different types of crime, suspended sentence, and sentenced to a fine, and each of the crimes of this case was committed during the repeated crime period due to the same kind of crime, and each of the vehicles embezzled by the defendant did not be returned to the victims up to the trial court, etc., which are disadvantageous to the defendant, but on the other hand, the defendant recognized each of the crimes and committed a mistake, and the defendant returned 2.3 million won to the victim C, and the defendant returned 2.3 million won to the victim, and the above victim does not want the defendant's punishment, and the above victim does not want the defendant's punishment, fraud with the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the equity between the case and the case of embezzlement, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, health, home environment, circumstances of the crime, and the circumstances before and after the crime.

2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

arrow