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(영문) 인천지방법원 2019.01.31 2018노4161
업무상횡령등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The judgment of the defendant is very large that he/she acquired through a crime, such as occupational embezzlement, private electronic records, etc., and the period of the crime is long, and the victim suffered a large number of tangible and intangible damage.

The method of crime is interviewed and sealed, and the quality of crime is also bad.

Most of the embezzlements were used for gambling.

However, the defendant is against all of the crimes.

In the lower court, efforts were made to recover damage, such as partially repaying damage, and agreed with the victim by fully repaying the amount of damage in the trial.

Defendant has no record of criminal punishment except once a fine.

In full view of the above circumstances and all of the sentencing conditions as shown in the pleadings up to the trial period, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is deemed to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows.

【The reasons for the judgment of multiple times】 The facts constituting the crime and the summary of the evidence recognized by the court, as well as the summary of the evidence, are the same as the stated in each corresponding column of the reasoning of the judgment below, and thus, they shall be quoted in accordance with Article 3

Application of Statutes

1. Relevant Articles 356 and 355 (1) (a) of the Criminal Act for the crime concerned, Article 314 (1) of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act for each of the criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (with regard to the uttering of electromagnetic records, etc.);

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