logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.10.24 2013노782
횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. Determination: (a) The maximum amount of damage to the victim caused by the instant crime exceeds about 15 million won; (b) the victim is recognized as having the intent to punish the defendant; (c) the defendant deposited 2 million won at the court below to recover the victim's damage; (d) deposited 4 million won in the court below to recover the victim's damage; and (e) deposited 4 million won in the court below; (e) the defendant's primary crime and deposited 4 million won additionally in the court below to recover the victim's damage; (e) the defendant's act of bringing up his child and supporting her parents is deemed to have difficulty in economic circumstances on the grounds that the defendant should be responsible for supporting her child and her parents; and (e) other factors of sentencing prescribed in Article 51 of the Criminal Act, such as age, character and behavior, environment, motive, means and consequence of the crime

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration in favor of the above judgment);

1. Social service businesses under Article 62-2 of the Criminal Act;

arrow