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(영문) 대구지방법원 2016.04.22 2015노5129
업무상횡령등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Each sentence (No. 1: Imprisonment with prison labor for 2 years, and imprisonment with prison labor for 2 years) that pronounced by the original judgment on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the whole of the judgment below, and the appellate court decided to hold concurrent hearings of each of the above appeal cases. Since the facts constituting the above judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a sentence should be imposed, and the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows: (a) adding "the defendant's legal statement" to the summary of the evidence of the first instance judgment [2015 Highest 4711 Highest 4877 Highest 2015 Highest 4877] and each "the defendant's legal statement" to the defendant below [4711 Highest 201 Highest 2015 Highest 4711] and (b) attached "the submission of documents related to social loan guarantee (the submission of documents related to social loan guarantee)" to the investigation report (the submission of documents related to social loan guarantee by the complainant)" is identical to each corresponding column of the lower judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 356 and 355(1) of the Criminal Act concerning the choice of punishment (including the occupation of occupational embezzlement and the combination thereof), Article 347(1) of the Criminal Act (including fraud and each victim), Article 329 of the Criminal Act, and each choice of imprisonment with prison labor;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are recognized by all the charges of this case.

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