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(영문) 대전고등법원 2014.03.28 2013노592
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. The amount of damage to the grounds for appeal is not much significant (along with the statement of the defendant by the defendant, it is recognized that the amount equivalent to KRW 200 million was used individually for the church with construction cost, etc., the complainant and the present standing tree company, etc. wanting to be sentenced to two years of imprisonment with prison labor in the Daejeon District Court Branch on December 20, 2012, and the defendant was finally decided on April 26, 2013. In light of equity with the above case where the judgment was rendered together with the above case where the judgment became final and conclusive, and all the sentencing conditions shown in the argument of this case, such as the defendant's age, health condition, and circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair as it is too too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The main judgment of the court below is as follows.

Application of Statutes

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 356 and Article 355 (2) of the Criminal Act (Article 42 of the former Criminal Act (amended by Act No. 10259 of Apr. 15, 2010), Article 356 and Article 355 (2) of the same Act (amended by Act No. 10259 of Apr. 15, 201), the upper limit of the punishment shall be governed by the main sentence of Article 42 of the former Criminal Act), Article 356 and 355 (2) of each

1. The latter part of Article 37 and the main sentence of Article 39 (1) of the Criminal Act to treat concurrent crimes (the crimes committed at the time of sale and the fraud for which judgment has become final

1. The latter part of Article 39 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of concurrent crimes;

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;

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