(영문) 창원지방법원 2016.10.13 2016노1244 | 리걸엔진

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글꼴

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줄 간격

자간(%)

(영문) 창원지방법원 2016.10.13 2016노1244

횡령

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant is too unfasible to the punishment (two years of suspended execution in August, and one hundred and sixty hours of community service) of the judgment of the court below, and that the prosecutor is too unfased and unfair.

2. The judgment is based on the following facts: (a) the amount of embezzlement is large in amount of KRW 100 million; (b) the amount of embezzlement is large in amount of KRW 100 million; (c) the fact that the victim wants to be punished is the reason for imposing unfavorable punishment; (d) the defendant led to the confession of the crime; (e) the fact that the amount of embezzlement KRW 62 million out of KRW 100 million as a result of the relevant civil procedure is judged to be extinguished as offset; (e) the remainder of KRW 38 million was not accepted as a defense of repayment in civil procedure; (e) the defendant deposited for the victim (including damages for late payment as part of deposits that do not include damages for late payment), but there is no legal dispute such as attaching the victim's right to claim payment of deposited money based on separate claims against the victim; (e) the defendant's deposit of KRW 38 million for the victim is apparent by the contents of the relevant civil judgment or written deposit; and (e) the prosecutor's assertion that the above deposit is irrelevant to the amount of a fine is more favorable to the defendant.

In full view of the above sentencing factors, in light of the Defendant’s age, environment, character and conduct, career, background leading to the crime, circumstances after the crime, and all other factors pertaining to the sentencing as indicated in the records and arguments, the sentence of the lower judgment is deemed appropriate. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

유사 판례

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