logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.06.26 2019노3003
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

According to the judgment of the defendant, etc. additionally submitted at the trial of the court below, as stated in the judgment of the court below, the defendant was sentenced to a suspended sentence of two years on July 6, 2017 by imprisonment with prison labor for six months with prison labor for fraud and on July 14, 2017, as stated in the judgment of the court below, and the above judgment becomes final and conclusive, as well as on May 11, 2017, which was sentenced to a suspended sentence of one year for fraud in the Daejeon District Court Hongsung Branch Branch for two years, and the above judgment becomes final and conclusive on December 9, 2017; ③ on December 20, 2017, the above judgment was sentenced to imprisonment with prison labor for eight months for violating the Act on the Regulation of Temporary Receiving of Goods at the District Court of the same month on December 28, 2017; ④ on August 21, 2018, which was sentenced to a suspended sentence of one-year imprisonment with prison labor for one year at Daejeon District Court and the above judgment became final and conclusive.

(2) The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is so decided as per Disposition by the assent of all participating Justices on October 23, 2008.

arrow