(영문) 의정부지방법원 2015.09.22 2015노1529

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Reasons

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(영문) 의정부지방법원 2015.09.22 2015노1529

횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. Determination

A. The Defendant’s embezzlement amount is KRW 60 million and the amount is not much specified, and the Defendant’s failure to reach an agreement with the victim until the trial is trial is disadvantageous to the Defendant.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant repaid KRW 4.5 million to the victim at the lower court; (c) deposited KRW 16 million for the victim; and (d) additionally repaid to the victim; and (c) the Defendant and his family members endeavored to pay for damage; (d) the Defendant did not have any record of criminal punishment; and (e) the Defendant’s age, details of the instant crime; and (e) other circumstances constituting the condition of sentencing as indicated in the instant argument, such as the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

C. Therefore, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the defendant among the grounds for reversal);

참조조문

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