beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Defendant
The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below is too unlimited and unfair, and the summary of the grounds for appeal by the prosecutor is that the punishment imposed by the court below is too unreasonable.
Therefore, in light of the fact that the Defendant, as an employee of LG Plus Co., Ltd., committed a theft of 180 million won Handphones in custody in the victim company, and did not reach an agreement with the victim company, it is reasonable to punish the Defendant strictly.
However, in full view of the following: (a) the Defendant recognized all of the instant crimes from the investigation stage to the Defendant’s mistake and recovered damage equivalent to KRW 64 million to the lower court; (b) the Defendant additionally deposited KRW 26.7 million for the victim company; (c) the Defendant’s wife and three children need to support the Defendant; (d) the Defendant has no power to commit any other than twice the amount of traffic-related fines; and (e) the Defendant has no other force to commit the instant arguments and the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (e) other all of the sentencing conditions indicated in the instant arguments and the records, the sentencing of the lower court is deemed unfair, and the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is
If so, the defendant's appeal is justified, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows.
(2) If an appeal by a defendant is without merit, the appeal by a public prosecutor shall not be dismissed separately as long as the judgment of the court is reversed on the ground that the appeal by the defendant is well-grounded).