(영문) 서울고등법원 2017.03.30 2016노3502 | 리걸엔진

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(영문) 서울고등법원 2017.03.30 2016노3502

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

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

2. The instant crime requires strict punishment against the Defendant, considering the fact that the Defendant voluntarily used the funds of the victim company with the Defendant’s gambling fund, etc. for a long time while in charge of accounting affairs of the victim company, and the nature of the crime is not good, and the amount of embezzlement by the instant crime is a large amount.

However, considering the fact that the defendant has divided his wrong facts, that the defendant does not have the same criminal record, that the victim company does not want the punishment of the defendant by mutual consent with the victim company when the defendant was in the first instance trial, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the court below's punishment is too unreasonable, and therefore, the above argument by the defendant is reasonable.

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 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

참조조문

-특정경제범죄 가중처벌 등에 관한 법률 제3조 제1항 제2호

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