(영문) 수원지방법원 2015.11.06 2015노4883 | 리걸엔진

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(영문) 수원지방법원 2015.11.06 2015노4883

횡령

Text

The judgment of the court below is reversed.

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

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and three months of imprisonment) is too unreasonable.

2. The fact that the Defendant embezzled considerable amount, and that the amount of embezzlement as stated in the facts constituting the offense was deposited in the victim’s future. The fact that the victim still demands strict punishment against the Defendant is disadvantageous to the Defendant.

However, considering the following circumstances: (a) the Defendant deposited the entire amount of embezzlement as stated in the facts constituting the crime in the first instance; (b) the Defendant made a confession and reflect against all the crimes in the first instance; and (c) the Defendant did not have any other criminal records except for those sentenced to a fine of different kind in the past; and (d) other various circumstances, such as the motive and circumstance of the crime in the instant case; (b) the circumstances after the crime was committed; and (c) the Defendant’s age, character and conduct, and environment, which are the conditions for sentencing as shown in the records and arguments, the sentence imposed by the

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[However, "7,410,00 won" stated in the item column of insurance premium received Nos. 15, 16, and 17 of the table of crime attached to the judgment of the court below is "5,000 won"; "no" stated in the item column of the amount of embezzlement No. 15 of the table of crime attached to the judgment of the court below; "no." stated in the item column of embezzlement No. 15 of the table of crime attached to the judgment of the court below; "3,940,00 won" stated in the item column of embezzlement No. 16 of the table of crime attached to the judgment of the court below is "1,95,00 won"; "134,071,960 won" stated in the item column of embezzlement No. 15,000 won in the table of crime No. 19,16,960 won; and therefore, the summary of crime and evidence of each of the judgment of the court below shall be corrected.

참조조문

-형사소송법 제364조 제6항

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