(영문) 창원지방법원 2015.09.23 2015노1932 | 리걸엔진

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(영문) 창원지방법원 2015.09.23 2015노1932

횡령등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (eight months of imprisonment) is too unreasonable, and the prosecutor asserts to the effect that the sentence imposed by the lower court is too uneased and unreasonable.

2. We also examine each of the allegation of unfair sentencing by the Defendant and the prosecutor.

The crime of this case is committed under the unfavorable circumstances, such as the fact that the defendant arbitrarily disposed of the machinery of this case in violation of the court's provisional disposition order as to the machinery leased from the victim, thereby impairing the effectiveness of indication of compulsory disposition and embezzlement of the machinery of this case without good quality of the crime, and the liability for the crime is heavy. However, in light of the favorable circumstances, such as the fact that the defendant is led to confession and reflect by the victim, that the victim wants to leave the front of the defendant, that the defendant is fined or has no criminal record, and that the defendant seems to be in the position to support eight family members, the scope of the recommended sentence according to the sentencing guidelines of the sentencing committee of the Supreme Court (type 1 to 10 months of the crime of embezzlement, and that the agreement with the victim is considered as a special mitigation factor. Since the value of the machinery of this case is KRW 169 million as contract deposit or KRW 38 million as well as KRW 56 million as lease fee, the actual amount of embezzlement is less than KRW 100 million,000,000.

Therefore, the defendant's assertion of unfair sentencing is without merit and prosecutor's assertion of unfair sentencing.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading.

As long as the judgment of the court below is reversed, the prosecutor's appeal is separately made.

참조조문

-형사소송법 제364조 제6항

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