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Reasons
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(영문) 인천지방법원 2014.03.20 2014노132
업무상횡령등
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten 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 (ten months of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the Defendant was the primary offender; (b) the Defendant was led to confession; (c) the Defendant was detained for about three months after the judgment of the lower court; (d) the Defendant’s mistake was committed against the victim; and (e) the Defendant’s age, character and conduct; (b) family environment; (c) the amount of the instant embezzlement and method of crime; and (d) the circumstances after the crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable.

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 legal provisions concerning criminal facts, Articles 356, 355(1) (including the occupation of occupational embezzlement and comprehensive) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment for each of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

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