(영문) 광주지방법원 2013.04.10 2013노357 | 리걸엔진

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(영문) 광주지방법원 2013.04.10 2013노357

업무상횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been embezzled several times over two years on the part of the defendant for the victim, and the amount of damage to the defendant totaled to KRW 45,786,920, and even though the defendant was unable to reach agreement with the victim, it is recognized that the defendant committed a crime of this case, despite the fact that the defendant led to the confession of the crime by the victim, he was against the defendant during the period of detention for about two months, and the defendant repaid approximately KRW 10 million to the victim at the investigation stage, and deposited KRW 8,00,000 at the trial stage, and the defendant was partly paid monthly salary or retirement pay, the defendant was the primary offender, the defendant's age, character and behavior, environment, circumstances leading to the crime of this case, circumstances after the crime, etc., it is recognized that the punishment imposed by the court below is somewhat unreasonable.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

참조조문

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