(영문) 수원고등법원 2020.06.03 2020노158 | 리걸엔진

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(영문) 수원고등법원 2020.06.03 2020노158

특정경제범죄가중처벌등에관한법률위반(횡령)

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The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Two years of imprisonment.

Reasons

1. The lower court found the Defendant guilty of the facts charged, and rejected an application for compensation order filed by the applicant for compensation.

However, according to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation fails to file an appeal against a judgment dismissing the application for compensation order. Therefore, the rejection part of the above application for compensation order

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

3. The instant crime is a situation unfavorable to the Defendant, such as: (a) the Defendant arbitrarily consumed and embezzled money exceeding KRW 1.2 billion over 599 times during seven years of working as an employee of the Victim Company; (b) the nature of the crime is not good in light of the period, frequency, and scale of damage; (c) the Defendant’s crime appears to have experienced considerable managerial difficulties; (d) the Defendant did not agree with the Victim Company; and (e) the representative director of the Victim Company wanted to punish the Defendant.

On the other hand, the fact that the defendant recognized his crime and divided his mistake, the defendant paid part of the amount of damage to the damaged company or endeavored to pay it to the damaged company, the family of the defendant wanting to leave the defendant's preference, and the fact that the defendant has family members to support the defendant is favorable to the defendant.

In full view of all the sentencing conditions as shown in the instant pleadings, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., the sentence imposed by the lower court is deemed unreasonable.

Defendant’s assertion is with merit.

4. As the appeal by the defendant is justified, Article 364 of the Criminal Procedure Act is applicable.

참조조문

-소송촉진 등에 관한 특례법 제32조 제4항

-형사소송법 제364조

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