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(영문) 대전지방법원 2017.12.14 2016노3660
횡령
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 1.5 million won) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by authority, the Defendant was sentenced to ten months of imprisonment with prison labor by fraud, etc. at the Daejeon District Court on August 25, 2016, and on February 6, 2017, the above judgment became final and conclusive. The above crime and the crime in the judgment of the court below, for which the judgment became final and conclusive, are in the relation of concurrent crimes by the latter part of Article 37 of the Criminal Act, and are in the relation of concurrent crimes by a group of judgment at the same time under Article 39(1) of the Criminal Act, and thus, the judgment of

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence admitted by the court in question was sentenced to ten months of imprisonment with prison labor at the Daejeon District Court on August 25, 2016, and the above judgment was finalized on February 6, 2017.

In addition to adding “1. Date of confirmation and sentence” to the summary of the evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is also quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order include the fact that the Defendant recognizes and reflects the instant crime, and that the equity between the judgment and the judgment should be taken into account at the same time with the final judgment, etc. shall be considered as favorable circumstances.

However, the defendant.

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