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(영문) 광주지방법원 2018.08.08 2018노601
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering that the nature of the instant crime is not good, that the Defendant committed part of the instant crime during the period of suspension of execution, and that the Defendant did not complete recovery of damage or reach an agreement, strict punishment against the Defendant is necessary.

However, in consideration of the defendant's age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below against the defendant is too unreasonable, since it is recognized that the defendant's punishment against the defendant is too unreasonable, since it is too unreasonable, the defendant's above argument is justified.

3. In conclusion, 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 with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, the choice of punishment for the crime, Article 355 (1) of the Criminal Act, and the choice of imprisonment;

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