(영문) 수원지방법원 2019.11.22 2019노4322 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2019.11.22 2019노4322

업무상횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the victims shall not be deemed to have consented that the Defendant brought KRW 10 million out of the total amount of KRW 20 million, which he received from P as a brokerage commission on December 14, 2016, to the Defendant’s share. Rather, the Defendant is planned to commit the crime of embezzlement, and the Defendant is deemed to have committed the crime of embezzlement and the intention of unlawful acquisition.

Nevertheless, the lower court erred by misapprehending the facts and acquitted this part of the facts charged on the grounds thereof.

B. The Defendant asserts that the lower court’s imprisonment (six months of imprisonment and two years of suspended execution) is too uneasible and unfair. The prosecutor asserts that the lower court’s punishment is too uneasible and unfair.

2. Determination

A. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below regarding the prosecutor's assertion of mistake of facts in light of the records, the action that found the defendant not guilty of this part of the facts charged is justified on the ground that it is difficult to readily conclude that the evidence of this case, based on the judgment of the court below, was the criminal intent of embezzlement or illegal acquisition, and since no new evidence corresponding to this part of the facts charged was submitted in the trial, it does not seem that there was an error of law that affected the conclusion of the judgment by misunderstanding the facts as

B. In full view of the circumstances leading up to the instant crime and the crime of this case, the Defendant’s age, career, criminal punishment records, etc., and the reasons for sentencing indicated in the instant arguments and records, the lower court’s judgment appears to be unreasonable, as it appears that the Defendant’s assertion on unfair sentencing is reasonable, and the Prosecutor’s assertion on this issue is reasonable.

유사 판례

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