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(영문) 의정부지방법원 2013.08.30 2013노1069
횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, character and conduct, circumstances leading to the Defendant’s act of committing the instant crime, details, and circumstances after committing the instant crime, the sentence imposed by the lower court against the Defendant seems to be somewhat unreasonable, and thus, the Defendant’s above assertion is well-grounded, inasmuch as it appears that the sentence imposed by the lower court is somewhat unreasonable, in view of the following: (a) the Defendant was the first offender; (b) the Defendant repaid the Defendant part of the amount of damage to the Defendant; and (c) the Defendant would have to repay the amount agreed to continue to be paid in the future.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration favorable to the reasons for reversal);

1. Social service order under Article 62-2 of the Criminal Act;

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