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(영문) 청주지방법원 2019.03.28 2018노1237
횡령
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months.

except that this judgment.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment against the Defendants (ten months of imprisonment for the Defendants A, two years of suspended execution, one hundred and twenty hours of community service work, six months of imprisonment for the Defendants B, one year of suspended execution) is too unfford and unreasonable.

2. According to the judgment on the grounds for appeal by the prosecutor ex officio, prior to the judgment on the grounds for appeal by the prosecutor ex officio, the fact that the above judgment became final and conclusive on July 23, 2018, each of the above judgment of the court below is established on November 29, 2017, since the defendant A was sentenced to two years of imprisonment and three years of suspended execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation in Trust) at the Cheongju District Court on November 29, 2017, and the prosecutor's appeal was dismissed. The above judgment became final and conclusive on June 1, 2018, prior to the judgment of the court below, and Defendant B was sentenced to three years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation in Trust) at the Cheongju District District Court on November 29, 2017, since each of the above offenses against the defendants is related to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation in Trust).

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above reasons for reversal of authority are based on the above reasons, and the judgment below is

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are stated in the judgment below's part of the facts constituting an offense [criminal records] in the judgment below. The Cheongju District Court on November 29, 2017.

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