(영문) 서울북부지방법원 2016.04.28 2015노2016

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.04.28 2015노2016

업무상횡령

Text

The judgment of the court below is reversed.

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

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

Reasons

1. The sentencing of the court below on the summary of the grounds of appeal (the sentencing of 2 years of suspended execution to 10 months of imprisonment, and the community service order of 120 hours) is too unreasonable.

2. Determination of the amount of the instant embezzlement is considerably high in KRW 75,226,945, and is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and divided the depth; (b) the Defendant did not have any history of criminal punishment for the same kind of crime; (c) the Defendant deposited the total amount of the above embezzlement for the victim; and (d) the delay in the amount of damage was paid to the victim; and (c) other factors of all the sentencing as shown in the records and pleadings, including the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence; and (d) the circumstances after the commission of the crime, etc., the punishment imposed by the lower court is deemed to be unfair because it is too unreasonable, and thus,

3. As such, the defendant's appeal is reasonable, and 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 again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts (Optional to imprisonment);

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

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

-형법 제356조

유사 판례

-서울북부지방법원 2018.12.14 2018고단1326

-전주지방법원 군산지원 2016.04.08 2014고단1372 (1)

-의정부지방법원 2018.02.05 2017노3693

-부산지방법원 2018.05.31 2018노607

-서울북부지방법원 2016.07.22 2015고단4350