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(영문) 의정부지방법원 2016.04.28 2015노2946
업무상횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, three years of suspended execution, and 120 hours of community service) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

At the trial of each party, the Prosecutor changed the part of the facts charged in this case that “the said vehicle has set up a mortgage on KRW 17,400,000 for the bond value of KRW 17,40,000 on the same day of the said vehicle.” On March 11, 2014, the Prosecutor extended KRW 4,000,000 from the loan of KRW 17,40,000 to the said vehicle, and applied for amendments to the indictment to add the amount of KRW 4,00,000 for the above vehicle to the above vehicle, and this Court was changed to the subject of adjudication upon permission.

Therefore, among the judgment below, the obstruction of exercising the right can no longer be maintained, and this part of the facts charged and the remainder of the facts charged should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Accordingly, the judgment of the court below cannot be maintained in its entirety.

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

【The reasoning of the judgment which is used again 【The facts constituting the crime in the case of 2015 order 1750 order order' among the facts constituting the crime in the judgment of the court below is altered as follows, and the summary of the evidence in the case of 2015 order order 1750 order order' among the summary of the evidence in the judgment of the court below as the summary of the evidence in the judgment of the court below, "1. The defendant's appellate court statement", "1. The defendant's appellate court statement" and "1. Contract, detailed statement, the automobile registration ledger, and the automobile commuting mortgage.

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