(영문) 대구지방법원 2017.10.13 2017노2488 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.10.13 2017노2488

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.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed as embezzlement of approximately KRW 236.9 million of the sales proceeds of goods kept by the Defendant on duty for a long time, and the crime is deemed as bad in light of the status of the Defendant, the period and frequency of the crime, the amount of damage, etc.

However, in light of the fact that the defendant recognized the crime of this case and goes against depth, and that in the case of related civil cases (the Seoul Central District Court 2015 Gohap 574961) the decision in lieu of conciliation has become final and conclusive, including the fact that the defendant pays 238 million won, which is the amount equivalent to the embezzlement of this case, to the victim by dividing the amount equivalent to the embezzlement of this case, and the defendant's age, sex, conduct, intelligence and environment, family relationship, motive, circumstance, means and consequence of the crime of this case, etc., the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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. As seen in the judgment on the grounds of the above appeal, the pertinent Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the selection of punishment (a comprehensive determination of imprisonment with prison labor) shall be determined as stated in the Disposition, for the same reasons as seen in the judgment on the grounds of sentencing.

참조조문

-형법 제355조 제1항

-형법 제356조

유사 판례

-서울중앙지방법원 2017.02.16 2016고단6397

-서울남부지방법원 2018.10.24 2018고단3973

-수원지방법원 2017.05.18 2016노6290

-수원지방법원 성남지원 2016.08.25 2016고단843

-부산지방법원 동부지원 2018.11.29 2018고정380