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(영문) 광주지방법원 2018.03.22 2018노522
횡령등
Text

All judgment of the court below shall be reversed.

The defendant is against the crime of the first instance judgment and the crime of the first and second instance judgment of the second instance.

Reasons

1. The summary of the grounds for appeal (No. 1: a fine of KRW 3 million, and a fine of KRW 200,000, and a fine of KRW 6 months and imprisonment of KRW 4 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, this Court held ex officio each appeal case against the judgment of the court below jointly and tried. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. If so, the judgment of the court below is reversed ex officio and it is again decided as follows, without examining the defendant's unfair argument about sentencing, pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown 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 355(1) of the relevant Act on the criminal facts (the point of embezzlement), Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation), Article 239(1) of the Criminal Act (the point of private signature) of the Criminal Act, Article 239(2) and 239(1) of the Criminal Act (the point of exercising the said signature) of the said Act on the criminal facts;

1. Selection of each sentence of imprisonment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) of the same Act (limited to the crimes of embezzlement, injury, and special intimidation and the crimes entered before and after the judgment becomes final and conclusive);

1. The following points are the grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating the crimes of embezzlement, bodily injury, and special intimidation; aggravating the punishment imposed on the most severe special intimidation; aggravating the punishment; the crime of forging a private signature; and the inter-Korean crime of signing a signature on the investigation, and the crime committed more severe punishment.

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