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(영문) 대구지방법원 2020.05.12 2019노3845
업무상횡령등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of two years and four months.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The Prosecutor (as regards the case 2019No3845)’s sentence (two years of imprisonment) sentenced by the lower court is too unhued and unreasonable.

B. Each of the punishments (two years of imprisonment and six months of imprisonment) sentenced by the lower court (as to the case 2019No3845 and 2020No676) by the Defendant (as to the case, two years of imprisonment and six months of imprisonment) is unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

This Court decided to consolidate each appeal case against the judgment of the court below in the first and second instances, and the first and second instances of the judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a sentence should be imposed within the scope of the term of punishment for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the judgment below is again decided as follows following the pleading.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of each judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 356 and 355(1) of the Criminal Act for the crime concerned, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(2) and Article 357(1) of the Criminal Act, Article 355(1) of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, each of the Criminal Act, Articles 231 of the Criminal Act, Article 234 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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