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(영문) 대구지방법원 2014.11.14 2014노2872
업무상횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The defendant's occupational embezzlement crime of this case is deemed to have been engaged in disguised employment with a set of money and delivery vehicles for the purpose of escape, and the quality of the crime is deemed to be poor; the defendant has been punished twice (one time of imprisonment and one fine) for the same crime; the defendant was sentenced to imprisonment (one year and six months of imprisonment) due to the crime of the same veterinary act; the defendant committed each of the crimes of this case during the period of repeated crime without being aware of the release; however, there are unfavorable circumstances such as the confession and reflection of each of the crimes of this case; the victim M does not want the punishment; the majority victims (N, P, Q, D, R) of the embezzlement crime at the trial; the defendant's imprisonment with prison labor of less than 20,000 won (one time of imprisonment; one time of fine); the defendant's imprisonment with prison labor for the remaining victim V; the defendant's punishment of less than 130,000 won; the defendant's punishment of the same crime of this case; the defendant's imprisonment with prison labor for less than 130,0,0,00,00,00,00

3. Accordingly, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is followed again after pleading.

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