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(영문) 울산지방법원 2013.11.01 2013노77
횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (one hundred months of imprisonment) is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing ex officio, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Defendant was sentenced on May 7, 2013 to a one-year suspension of execution on the grounds of a violation of the Road Traffic Act in the Daegu District Court racing support, etc. on May 15, 2013, and the said judgment became final and conclusive on May 15, 2013. On August 21, 2013, the Daegu District Court sentenced a two-year suspension of execution to a one-year suspension of execution on the grounds of a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc., which became final and conclusive on August 29, 2013. As such, in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act, the instant judgment ought to be determined after considering equity and mitigation or exemption of the sentence.

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

The summary of the facts constituting the crime and evidence admitted by this court is the first head of the judgment of the court below, with the exception that "the defendant was sentenced to two years of imprisonment on May 7, 2013 with prison labor for the violation of the Road Traffic Act (driving) at the Daegu District Court racing Support, etc. on May 7, 2013, the above judgment was finalized on May 15, 2013, and on August 21, 2013, the Daegu District Court was sentenced to two years of suspended sentence for one year of imprisonment with prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. on Special Cases concerning the Settlement of Traffic Accidents, and the above judgment was finalized on August 29, 2013."

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