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(영문) 서울중앙지방법원 2018.07.19 2018노1286
횡령등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence sentenced by the first instance court (in the event of imprisonment with prison labor for eight months) and the sentence sentenced by the second instance (in the event of four months) on the summary of the grounds for appeal (in the event of sentencing), is too unreasonable.

2. We examine ex officio the judgment of the court below on the grounds for appeal by the defendant.

The judgment of the court below against the defendant was rendered, and the defendant filed an appeal against all of the judgment below, and this court decided to consolidate the two appeals cases.

Since each of the judgment below's offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment below cannot be maintained in its entirety.

3. As above, the judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing against the judgment below, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, 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, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment with labor, respectively;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Punishment of Concurrent Crimes, the scope of damage caused by each of the crimes of this case is small, and the damage has not yet been recovered most, the defendant shall be sentenced to punishment.

However, the fact that the defendant all acknowledges the facts of the crime and is divided, the fact that there is no record of punishment for the same crime, etc. are considered as favorable to the defendant, and the age, sex, environment, family relationship, means and result of the crime.

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