(영문) 인천지방법원 2015.01.22 2014노3599 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 인천지방법원 2015.01.22 2014노3599

횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two 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 on the defendant (eight months of imprisonment).

2. In full view of the following factors: (a) the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act in around 2003; (b) the Defendant has no record of criminal punishment; (c) the Defendant was led to confession; (d) the Defendant was detained for about one month and ten (10) days after the judgment of the lower court; (c) the Defendant paid the amount of embezzlement to the victim in full and agreed with the victim; (d) the Defendant’s age, character and conduct, environment, the amount of embezzlement and method of crime in this case; and (e) other various sentencing conditions specified in the records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment against

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 355 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 32 (1) and (2) and Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Application for Compensation Order and Promotion, etc. of Litigation (Article 32 (1) and (2) of the Act on Special Cases concerning Compensation Order (Article 32 (3) 3 of the Act on

참조조문

-도로교통법

-소송촉진 등에 관한 특례법 제25조 제3항 제3호

-소송촉진 등에 관한 특례법 제32조 제1항

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