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(영문) 서울중앙지방법원 2015.04.23 2015노360
횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of the court below (six months of imprisonment) is too unreasonable if the defendant was sentenced to imprisonment for six months in the same kind of case and considering the circumstances in which the sentence became final and conclusive.

2. After examining the grounds for appeal of unfair sentencing by the defendant on the grounds for appeal, the health expenses and the sentence of the judgment of the court below ex officio prior to examining the grounds for appeal of unfair sentencing by the defendant, the defendant appealed from the Seoul Eastern District Court on December 10, 2014 by sentence of imprisonment for six months for the crime of acquiring stolen goods at the Seoul Eastern District Court, but the appellate court rendered a judgment dismissing the appeal on February 12, 2015 and the above sentence became final and conclusive on February 24, 2015. Thus, the crime of acquiring stolen goods for which each of the crimes in the judgment of the court below and the above sentence became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each of the crimes in the judgment of the court below shall be imposed at the same time in consideration of equity with the case where

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

Criminal facts

The summary of the facts and evidence of the defendant's criminal facts and the summary of the evidence acknowledged by this court are as follows: (a) the defendant's criminal facts and the summary of the evidence are added to all the criminal facts of each of the defendant's [2014 senior group7405] case and [2014 senior group87] case and all of the criminal facts of the defendant's [2014 senior group87] case and "the defendant D was sentenced to imprisonment for six months for the crime of stolen property at the Seoul East Eastern District Court on December 10, 2014, but the appellate court was sentenced to dismissal on February 12, 2015 and the above punishment became final and conclusive on February 24, 2015," and (b) the summary of each evidence [2014 senior group7405 case] case, [1. prior records of the defendant's judgment: the defendant's statement and judgment added "the defendant's judgment" as stated in the corresponding column except for the addition of the defendant's statement and judgment.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 362(1) and 30 of the Criminal Act concerning the selection of criminal facts;

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