(영문) 부산지방법원 2014.12.29 2014노3735 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.12.29 2014노3735

횡령

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

Summary of Grounds for Appeal

As to the sentencing of the court below (six months of imprisonment), the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

In light of the following circumstances: (a) the amount of the embezzlement of this case has not increased to KRW 96 million, etc., which is unfavorable to the Defendant; (b) the Defendant is in violation of depth while making confession of all the crimes of this case; (c) the Defendant has no criminal record; and (d) the victim does not want the punishment against the Defendant by mutual consent with the victim; and (c) other various circumstances, such as equity in sentencing with the same similar case; (d) the motive and circumstance of the crime of this case; (e) the motive and circumstance of the crime of this case; (e) the circumstances after the crime of this case; (e) the Defendant’s age,

3. It is not acceptable to accept an application for compensation order since the scope of liability for compensation is not clear and it is not reasonable to issue a compensation order in the criminal procedure due to the agreement between the defendant and the applicant for compensation order and the applicant for compensation is reached in the trial.

4. The prosecutor’s appeal of the conclusion is without merit, but the defendant’s appeal is with merit. Accordingly, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again after pleading as follows. The application for remedy order by the applicant for compensation is dismissed pursuant to Article 32(1)

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited 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. Circumstances favorable to the defendant among the reasons for reversal as stated earlier of Article 62(1) of the Criminal Act.

참조조문

-소송촉진 등에 관한 특례법 제32조 제1항

유사 판례

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