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(영문) 부산지방법원 2014.06.27 2014노1309
횡령등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 2,000,00, and Defendant E shall be punished by a fine of KRW 4,000,00.

Reasons

1. The summary of the grounds for appeal against Defendant A is that each of the punishments (a fine of 300,000 won: a fine of 5,00,000 won: a fine of 5,00,000 won) of the lower judgment against Defendant A and the punishment of the lower judgment against Defendant E (a fine of 6 months) of the lower judgment against Defendant E is too unreasonable.

2. Determination

A. The party members of the first instance judgment and the second instance judgment with respect to Defendant A’s grounds for appeal jointly examined each of the above cases, but since the final judgment of the first instance judgment and the second instance judgment have become final and conclusive between the crime of the first instance judgment and the crime of the second instance judgment, the punishment for each of the above crimes is to be determined in accordance with the latter part of Article 37 and Article 39(1) of the Criminal Act, and thus, the propriety of the sentence

Therefore, in full view of the following circumstances: (a) whether the sentence of the first instance judgment is appropriate; (b) whether the Defendant received money from the victim; (c) whether the Defendant received money from the victim; (d) whether the Defendant embezzled the money; and (e) all other circumstances pertaining to the sentencing stated in the records and arguments of this case, the first instance judgment’s punishment is reasonable; and (e) the Defendant’s assertion

Next, with regard to the appropriateness of the punishment of the judgment of the court below in the second instance, the defendant led to the confession and rebuttal of the crime of this case, and H who had committed the crime of this case had already been aware of the intention to give perjury upon the request of her mother, and it seems that the degree of contribution of the defendant's aiding and abetting act of this case to H was not significant. In full view of all circumstances concerning equity in the case where the first judgment of the court below is to be judged concurrently with the crime of violation of the Act on the Control of Narcotics, etc. (or the violation of the Act on the Control of Narcotics, etc.) where the first judgment of the court below became final and conclusive, and other circumstances concerning the sentencing specified in the records and arguments of this case, the punishment of the court below

B. The Defendant committed the instant crime against Defendant E in the first instance of the judgment on the grounds of appeal.

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