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(영문) 수원지방법원 2018.11.01 2018노5628
횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. Although the liability for a crime is not minor in light of the circumstances and contents of the crime, the defendant appears to reflect, the fact that there is no criminal record of the same kind, the equity in the case of a judgment at the same time with the judgment of the judgment that became final and conclusive, the defendant paid the victim KRW 10 million at the court below, and the victim was recovered from damage by paying the victim KRW 15 million at the court below, and the defendant reached an agreement with the victim at the time of the trial, and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, sex, environment, family relationship, motive for the crime, method of crime, and circumstances after the crime, are considered, the sentence of the court below is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.

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 identical to each corresponding part of the judgment of the court 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, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

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