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The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be punished by imprisonment for not less than five months.
Reasons
1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is too unreasonable.
2. The crime of this case is an unfavorable circumstance that the Defendant, while working as a bank employee, embezzled and stolen approximately KRW 75 million in total of the money of the victim who is a customer, and the crime is not good.
However, in light of the favorable circumstances such as the confession of the Defendant to commit the instant crime, the Defendant did not have any criminal record for the same kind of offense, and the repayment of considerable money to the victim to the court of first instance, and the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, and all the sentencing conditions indicated in the records and arguments, such as the circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable, and thus, the Defendant’s assertion is reasonable.
3. As such, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the rejection of the application for compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following is again decided
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as 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 provisions of the Criminal Act, Articles 347(1) and 355(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);