(영문) 서울남부지방법원 2018.01.12 2017노1581

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(영문) 서울남부지방법원 2018.01.12 2017노1581

업무상횡령

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of five million won.

A fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (the first instance judgment: a fine of KRW 5 million; a fine of KRW 2 million: a fine of KRW 3 million); and a fine of KRW 3 million) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed an appeal against it, and this court decided to hold a joint hearing of the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. As such, the first and second judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act (including the cost-sharing portion) without examining the defendant's unfair argument of sentencing, and it is so decided as follows through a change theory.

[Re-written judgment] The summary of the facts constituting the crime and evidence recognized by this court is as follows; the summary of the facts constituting the crime and evidence is as follows: (a) the place of the crime committed in Category 2, 9 of the judgment of the court below, 2, 3, 4, 2014 [Attachment 1522 of the judgment of the court below] and the place of the crime in Category 9 of the judgment of the court below, 2, 3, 4, 2014 [Attachment 152 of the judgment of the court below, 2014 [Attachment 152]] and 2, 4, 2014, 2, 2, 2015 [Attachment 2, 2015] as the place of the crime in Category 2, 9 of the judgment of the court below; and (b) the court below’s judgment 3,000, 3,000,000 “Korean bank account” and 9,000.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

참조조문

유사 판례

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