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(영문) 부산지방법원 2014.05.01 2014노599
횡령
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that there is almost little past punishment, the defendant filed a lawsuit for return of inherited property against the two shapes C, E, and large-scale type D, and committed the crime in this case, the defendant was committed before and after the defendant filed a lawsuit for return of inherited property against the two shapes F, and when the defendant's endeavor virtue has been settled, the defendant received 30 million won, including the share of the victim F, E, and D, from the F, and kept the same at once, and used the same time as a one-time test for the opening of the business at that time. Since C et al, without disregarding the above circumstances, was dissatisd as a criminal case against F, the defendant was detained in the court below, and then the defendant was tried to have been sentenced to the suspended sentence by taking into account the following circumstances, which led to an excessive conflict between the defendant and the defendant, such as the defendant's property dispute between the victim F, who became aware of the circumstances, and the defendant was tried to have been sentenced to the suspended sentence.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Application of Statutes

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

1. While Article 59(1) of the Criminal Act provides that the Defendant shall be punished by imprisonment with prison labor for six months, a second offense is conducted in line with the “reasons for destruction” as seen earlier.

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