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(영문) 인천지방법원 2014.03.28 2013노137
횡령등
Text

The part concerning Defendant A and L among the judgment of the court of first instance, 2, and 3 and the judgment of the court of fourth instance, and Defendant L among the judgment of the court of first instance.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (Article 1, 2, 3, and 4 of the original judgment; unreasonable sentencing on the original judgment); each of the original judgments (Article 8 months of imprisonment for the first instance court; 6 months of imprisonment for the second instance court; 3 months of imprisonment for the third instance court; 1 year and six months of additional collection; 4.2 million won of imprisonment for the fourth instance court; 1 year and one year of imprisonment for the fourth instance court) is unreasonable.

B. Defendant L (Article 4 and 5 of the judgment of the court below on the grounds of unfair sentencing), each of the original decisions (Article 4 and 5 of the court below’s imprisonment: 3 years, and 5 months) is unfair because it is too unreasonable.

C. Defendant D (in respect of the judgment of the court below of the fourth instance, unreasonable sentencing)’s imprisonment (three years and six months of imprisonment) is too unreasonable.

Defendant

The facts charged of this case are crimes committed independently by L, and the defendant either conspired with L or did not participate in the crime of this case.

E. As to the part of the judgment of the court below of the third instance against the defendant AO among the judgment of the court below, unreasonable sentencing as to the part of the judgment of the court below of the court below on the defendant A (the sentence of imprisonment of one year and six months, additional collection of 4.2 million won), defendant A, L, D, BE, BG, and BH (the imprisonment of one year and one year, the imprisonment of one year, the imprisonment of three years, the defendant L: the imprisonment of three years, the defendant D: the imprisonment of three years and six months; the fine of eight million won: the defendant BE: the fine of eight million won; the imprisonment of eight months; the suspension of execution of two years; the imprisonment of one year; the probation period of one year; the probation period of two years; the probation period of one year; the probation period of one year; the probation period of one year; the community service work; 120 hours); the imprisonment of the court below against the defendant AO (the imprisonment of six months) and the imprisonment of five years (the imprisonment of six months) against the defendant AO.

2. We examine ex officio the judgment on the grounds for appeal ex officio.

A. After the court of first, second, third, and fourth judgment was completed a separate hearing against Defendant A, the court of original judgment was sentenced to the first, second, third, and fourth judgment. Defendant A filed an appeal against the court of original judgment regarding Defendants 1, 2, 3, and 4, and the prosecutor filed an appeal against the court of original judgment against the third and fourth judgment. The court of original judgment decided to concurrently examine each of the above appeal cases. The first, second, third, and fourth of the court of original judgment against Defendant A is subject to the Criminal Act.

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