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(영문) 인천지방법원 2014.08.29 2014노1585
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable;

(2) The defendant, while filing an appeal, asserts a mistake of facts with the grounds of unfair sentencing, and withdraws the grounds of appeal for mistake of facts on the second trial date). 2. We examine ex officio prior to the judgment on the grounds of appeal by the defendant.

In the trial, the prosecutor institutes the facts charged.

The defendant filed an application for amendments to the Bill of Amendment with the purport that "the defendant shall pay the amount borrowed from H (former members, the second appeal complaint of the D Tourist Bus 2)" in the paragraph "In order for some members to repay the amount borrowed from H (former members, the second appeal complaint of the D Tourist Bus 2)", and since the subject of the adjudication is changed by this court's permission, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except that the first instance court's partial statement "the defendant's legal statement" in the summary of the evidence is changed to "the defendant's legal statement in the trial of the court of the court of the court of the court below." Thus

Application of Statutes

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

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

1. Articles 32(1)1 and 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the applicant is not a victim, and thus the application for compensation is not lawful). The defendant is more than 6 years.

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