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(영문) 수원지방법원 2013.07.25 2013노1664
횡령
Text

The judgment below

The part of the judgment No. 1 is reversed.

Of the facts charged in this case, the first crime is against the judgment.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, each sentence of the lower court (the first offense: imprisonment with prison labor for 2 months and the second offense: imprisonment with prison labor for 4 months) is too unreasonable.

2. Determination

A. In full view of the following facts: (a) the Defendant in the part of the first crime of the holding, in depth of and against the offense; (b) the equity with the case of the judgment at the same time with the case of a violation of the Road Traffic Act (unlicensed driving) for which the judgment became final and conclusive; (c) the above victim does not want the punishment of the Defendant by mutual consent with the victim C; and (d) other various sentencing conditions, the sentence imposed by the court below on this part is somewhat unreasonable.

B. As in the part of the crime No. 2 of the judgment of the court below, even though the defendant committed the crime of this case, the amount of damage caused by the crime of this case reaches KRW 21 million, and the defendant has been punished several times due to the fraud of the second and second and second and the crime of this case, which is similar to the crime of this case, and there is no change in circumstances that could change the punishment of the court below after the sentence of the judgment of the court below, it cannot be deemed that the sentence of the court below is too unreasonable.

3. If so, the defendant's appeal against the crime No. 1 in the judgment of the court below is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part concerning the crime No. 1 in the judgment of the court below is reversed, and the defendant's appeal against the remaining part is without merit, and it is dismissed in accordance with Article 364

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Selection of Punishment and Punishment

1. Relevant Article 355(1) of the Criminal Act concerning the facts constituting an offense and Article 355(1) of the choice of imprisonment;

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