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(영문) 광주지방법원 2018.10.31 2018노1309
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the nature of the instant crime is not good and that the amount of damage is considerably high, strict punishment against the Defendant is necessary.

However, considering the fact that the defendant's mistake is divided, there is no criminal conviction or fine exceeding the same criminal record or fine for the defendant, the defendant's health is excellent, the defendant has reached an agreement with the victim when he was in the past, and the defendant has reached an agreement with the victim when he was in the past, the defendant's age, sex and environment, motive, means and consequence of the crime, and other various conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the defendant's punishment against the defendant is too unreasonable, so the above argument by

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column 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 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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