logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.11 2015노2260
업무상횡령등
Text

The part of the judgment of the court below excluding the compensation order shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 1 year and 6 months, 2 months: imprisonment with prison labor for 4 months) declared by the court below against the defendant is too unreasonable.

2. Ex officio determination of ex officio, the defendant filed each appeal against the above judgment of the court below and the court of the court of the first instance decided to hold the above appeal jointly. Each of the offenses against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. Therefore, the above judgment of the court below against the defendant cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed ex officio without examining the defendant's assertion of unfair sentencing on the grounds of ex officio reversal, and the part except the compensation order pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding part 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 347(1) of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 356 and 355(1) of the Criminal Act; Articles 355(1) of the Criminal Act; Articles 355(1) of the Criminal Act; Articles 355(1) of the Criminal Act; Articles 231 of the Criminal Act; Articles 234 and 231 of the same Act; Articles 35 of the Criminal Act; Articles 35(1) of

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent crimes, the Defendant, with reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, led to the confession and rebuttal of the instant crime, and the fact that the amount of damage to each of the instant crimes is not significant, is favorable, but the Defendant has a record of being punished for the same crime, and the Defendant committed each of the instant crimes even during the period of repeated offense by larceny.

arrow