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(영문) 광주지방법원 2018.08.08 2018노1604
업무상횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the nature of the instant crime is not good, the amount of damage is considerable, but the complete recovery of damage has not yet been made to the judgment of the court, strict punishment against the Defendant is required.

However, in consideration of the fact that the defendant's mistake is divided, that part of the money was repaid by the defendant to the damaged company and the damaged company was not punished by the defendant, that there was no particular criminal conviction other than a fine once, the balance of sentencing with the same crime, the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the court below's punishment is too unreasonable. Thus, the above argument by the defendant is justified.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment 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) (mainly including, but not limited to, the occupation of occupational embezzlement), Article 231 of the Criminal Act (the occupation of the same Article as private documents), Articles 234 and 231 of the Criminal Act (the occupation of exercising the above investigation document), and each choice of imprisonment with prison labor;

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

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