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(영문) 광주지방법원 2015.10.07 2015노280
횡령
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

However, from the final date of this judgment.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Although there is no agreement with the victims, there is a favorable circumstance that the defendant did not agree with the victims, on the other hand, that the defendant recognized his mistake and reflects against the victims, that the victim was deposited in the trial and that there is no record of criminal punishment except that sentenced to a fine of KRW 500,000 due to the violation of the Labor Standards Act in 2013. In addition, various sentencing conditions shown in the arguments of this case, such as the background of the crime of this case, circumstances after the crime, circumstances after the crime, the defendant's age, character and conduct, and environment, and the scope of recommending punishment (one month to ten months) according to the sentencing guidelines of the Sentencing Commission (the scope of recommending punishment) [the scope of one-month to ten months] mitigated area (one-one month) [the special mitigation person] of mitigation area (the special mitigation person] of punishment (the defendant's assertion is reasonable. Thus, the defendant's assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

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