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(영문) 서울북부지방법원 2015.06.18 2015노143
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six 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 is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Although the defendant did not receive a written application from the victim because he agreed with the victim E, the victim did not receive a written application, and the victim wanted to seriously punish the defendant. However, the defendant was found to have committed a mistake, which is in violation of depth, the defendant paid 8 million won to the victim at the investigation stage, 10,000 won out of 46,000 won of the embezzled mobile phone, and 15,000 won was deposited for the victim during the trial, which can be deemed to have paid part of the damage amount. The defendant disbursed part of the disposal price of the cellular phone embezzled by the defendant as agency operating expenses, and it appears that there remains the unpaid monthly pay from the victim. The defendant did not have the criminal records other than the punishment of a fine imposed once by committing a crime different from each of the crimes of this case in 207, and other circumstances that led to the defendant to each of the crimes of this case, including the motive and circumstances leading to the crime, the age and circumstances before and after the crime, the defendant's age, family relationship, and other circumstances, etc.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. In addition to correcting three "three portable phones" listed in the "name of goods" listed in the annexed crime list among the facts charged in the judgment of the court below as "eight mobile phones", the facts charged in the judgment below are as stated in each corresponding column of the court below. Thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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