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(영문) 광주지방법원 2017.11.29 2017노2149
업무상횡령
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering that the nature of the instant crime is not good, 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, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the defendant's punishment is too unreasonable, so the defendant's above assertion 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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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