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(영문) 울산지방법원 2018.03.16 2017노1552
업무상횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In the case of the instant crime of occupational embezzlement, the following facts are considered: (a) the liability for the instant crime is not provided against the Defendant in light of the details of the crime, the method of the crime, and the scale of the embezzlement; (b) the perjury in a criminal trial is a crime that interferes with the discovery of substantial truth by the court; (c) brings disturbance to the judicial action; and (d) the need for punishment is not considerable.

On the other hand, the defendant committed a crime in the first instance court, committed a violation of in depth, committed a mistake in which he was detained in the case, and seems to have sufficient time to deliberate on the defendant. The victims expressed their intention to be subject to punishment in the first instance court, the crime of perjury in this case does not seem to have any significant impact on the trial result of the relevant case or the party's personal illness, and the defendant has no record of the suspension of the execution of imprisonment or heavier punishment, and there are favorable circumstances for the defendant, such as his age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, and whether there was any change in the circumstances after the sentence of the court below was sentenced, and thus, the punishment imposed by the court below is deemed to be unfair.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment below] The summary of facts constituting an offense and evidence acknowledged by the court below and the summary of the evidence related thereto are as stated in the corresponding column of the judgment below, except that the court below's "part of the defendant's legal statement" among the summary of the evidence related to the 526 Highest 2017 Highest 526 case is "legal statement at the court of the defendant's trial". Thus, the Criminal Procedure Act is applicable.

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