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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The defendant does not pay the above fine.
Reasons
1. Summary of grounds for appeal;
A. The sentence (one million won of a fine and the suspended sentence) imposed on the Defendant by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Although there are circumstances in which the victim did not bear taxes, etc. imposed on dump trucks held in trust with the defendant, the defendant committed the crime of this case. However, the defendant used at will the proceeds of the above dump trucks, did not agree with the victim and did not make efforts to recover from damage, and considering the criminal punishment and equity with regard to other crimes similar to the crime of this case, and other criminal punishment conditions in this case including the defendant's age, character and behavior, environment, motive and circumstance of each of the crimes of this case, and circumstances after the crime of this case, it is deemed that the above punishment of the court below is too unreasonable, and thus the prosecutor's above assertion is reasonable, and the above assertion by the defendant is without merit.
3. In conclusion, the prosecutor's appeal 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.
(4) As seen earlier, the Defendant’s assertion of unfair sentencing is without merit, but the judgment of the court below is reversed, and the Defendant’s summary of criminal facts and evidence is identical to the statement of each corresponding column of the judgment below. Thus, the Defendant’s assertion of unfair sentencing is acceptable under Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;
2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
3. Article 334 (1) of the Criminal Procedure Act.