logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.08.22 2014노2140
업무상횡령
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment imposed by the court below on the defendant is too unreasonable.

2. The Defendant has a deep depth of his mistake.

In the trial, the parties agreed with the victim.

In full view of all the circumstances that were detained for a considerable period of time (not less than six months), the sentence of imprisonment with prison labor for the court below is too heavy, taking into account the following factors: the Defendant’s age, character and conduct, environment, the developments and details leading to the instant crime, and the circumstances after the crime.

3. Since the appeal by the defendant is well-grounded, the part of the judgment below excluding the compensation order among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the following is ruled again through pleading

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to 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 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);

arrow