(영문) 의정부지방법원 2015.08.26 2015노1612

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(영문) 의정부지방법원 2015.08.26 2015노1612

업무상횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. The crime of this case is very poor in light of the Criminal Procedure Act and the amount of damage (total 56,868,685 won), etc. that the defendant embezzled money held under the pretext of goods prices, etc. while engaging in business related to goods order, settlement, delivery, etc. as the head of the delivery department of the victim D Cooperatives.

However, there are various circumstances that may be taken into account the motive and circumstances of the crime alleged by the defendant (the preparation of living expenses and the hospital expenses for the defendant) (the investigation record 269 pages), the victim does not want the punishment any longer by mutual consent with the victim at the trial, the victim does not have the same criminal record, the defendant does not have any criminal record except punishment once as a fine, and the defendant supports his wife and her two children, and the most continued detention by being supported by his wife and her wife, the defendant's wife and her wife want to take several measures, and other circumstances that form the conditions for the sentencing as shown in the records, such as age, environment, occupation, and circumstances after the crime, etc., the scope of the sentence of punishment [the scope of punishment for the defendant, the excessive reduction of punishment for the defendant, the reasons for the suspended execution of execution of punishment for the defendant, the main reasons for the suspended execution of punishment for the defendant, and the scope of recommendations on the sentencing guidelines of the Supreme Court [the scope of punishment for the defendant's wife and her children].

3. Accordingly, the lower judgment is determined in accordance with Article 364(6) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

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