(영문) 대구지방법원 2016.08.12 2016노2000 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.08.12 2016노2000

횡령등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below committed the crime of embezzlement of this case by forcing the defendant to sell the machinery of this case after receiving an explicit notice that the defendant should not sell the machinery of this case from the victim's two capitals. The crime of this case was not good. The defendant's embezzlement amount to KRW 415 million, the defendant's value of the embezzled machinery amount to KRW 415 million, and the unrepared damage amount to the defendant. However, the defendant is against the defendant's confession of the crime of this case. Meanwhile, the defendant agreed to pay part of the damage to the victim's Samsung Fire Insurance in the crime of this case and pay the remainder in installments. Of the machinery's price sold to the two victim's two capitals of the embezzlement crime of this case, about KRW 90 million was returned, KRW 43 million was deposited in the court below five additional times, and the defendant's efforts to recover the remainder of the damage to the defendant and the defendant's remaining profits to the defendant, as well as all other circumstances that the defendant did not agree to the crime of this case before the crime of this case.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

유사 판례

-수원지방법원 2017.01.19 2016노8115

-인천지방법원 부천지원 2017.03.31 2017고단21

-수원지방법원 2017.05.12 2016고단8056

-대전지방법원 2017.01.18 2016고단1159

-부산지방법원 동부지원 2017.11.09 2017고단1945