(영문) 수원지방법원 2014.12.18 2014노4988 | 리걸엔진

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(영문) 수원지방법원 2014.12.18 2014노4988

업무상횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment constitutes a reason for unfavorable sentencing, including that the amount embezzled by the defendant by the crime of this case exceeds KRW 50 million, that the defendant was unable to reach an agreement with the victim until the trial is the case. However, if we comprehensively examine various circumstances that include the fact that the defendant led to confession and reflects on the crime of this case, that the defendant deposits KRW 10 million from the court below to the court below for the victim, that the defendant deposits additional amount of KRW 24 million from the court below, that the present civil lawsuit between the defendant and the victim is in progress, and the damage compensation that the defendant shall pay to the victim is expected to be confirmed in the above civil procedure, that the defendant has lived with prison life for more than one month due to the crime of this case, that the defendant has no other force than punishment for a crime of this case, and that there is no other force to impose the sentence of the defendant, such as age-oriented environment, etc., it is judged that the sentence imposed by the court below is inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as that stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

참조조문

유사 판례

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