(영문) 대구지방법원 2017.10.13 2017노1419 | 리걸엔진

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(영문) 대구지방법원 2017.10.13 2017노1419

배임

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Prior to the judgment on each of the grounds for appeal by the Defendant and the prosecutor, the prosecutor applied for changes in the indictment of this case as stated in the following facts charged, and the subject of the judgment against the Defendant was changed by this court. Thus, the judgment of the court below cannot be maintained in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows. The three main sentences of the judgment of the court below are as follows: "one unit of Micro Dymm machines (amounting to KRW 852,00,000)" of the third three main sentences of the judgment of the court below; "one unit of Micro Dois mechanical machines (amounting to KRW 627,072,000,000)" of the fourth sentence of the same sentence is as "one unit of the Hicro Dois mechanical machines (amounting to KRW 249,00,000,000)" of the fourth sentence of the same sentence as "one unit of the first sentence of the judgment of the court below, equivalent to KRW 101,000,000,000, total amount equivalent to KRW 360,000, total amount equivalent to KRW 300,00,000, total amount of each of the criminal damages to the victim."

Application of Statutes

1. The pertinent Article of the Criminal Act and Articles 355(2) and (1) of the Criminal Act regarding criminal facts, and Article 355(2) and (1) of the Criminal Act regarding the selection of punishment, the reason for sentencing of imprisonment with prison labor that the Defendant arbitrarily disposed of in violation of his/her duty exceeds the total amount of KRW 810 million, and the damage recovery until now.

참조조문

-형법 제355조 제2항

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