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(영문) 서울중앙지방법원 2013.07.24 2013노1783
횡령
Text

The judgment of the first instance shall be reversed.

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

except that this judgment.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the Defendant’s error in the judgment of the court is divided into depth; (b) both victims and victims have agreed to reach the judgment of the court; (c) the Defendant has been punished beyond a fine or has no record of being punished for a crime similar to the instant case; and (d) the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime; and (c) various sentencing conditions specified in the argument of the instant case, including the circumstances after the crime, are considered to be too unreasonable.

3. According to the conclusion, the appeal by the defendant is accepted, and the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 355(1) of the Criminal Act concerning criminal facts and the choice of a sentence (hereinafter collectively referred to as “the choice of imprisonment”); 1. Article 62(1) of the Act on Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1))

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