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(영문) 광주지방법원 2015.12.23 2015노2314
배임
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

However, from the final date of this judgment.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment that the defendant recognized his mistake and reflects the defendant's violation of the Illegal Check Control Act in 199, the defendant has no criminal records of the same kind and probation as well as the criminal records of the suspension of execution in addition to the criminal records of the suspension of execution due to the violation of the Illegal Check Control Act in 1999, the defendant's health is not good, the defendant has agreed smoothly with the victim when the defendant was in the trial, and the victim has agreed smoothly with the victim. Other various sentencing conditions shown in the arguments in this case, such as the circumstances of the crime in this case, circumstances after the crime in this case, the defendant's age, character, conduct and environment, and the scope of recommendations (one month to ten months for imprisonment) according to the sentencing guidelines of the Supreme Court Sentencing Committee (the scope of recommendations) [one month to one hundred million won]. Thus, the defendant's argument is justified because it is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances as examined in the above);

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