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(영문) 서울북부지방법원 2014.02.14 2013노1448
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant is making a confession of the instant crime and is against the Defendant; (b) the considerable part of the damage amount of the instant case can be recovered by the guarantee of the Seoul Guarantee Insurance Co., Ltd.; (c) the Defendant has made efforts to recover damage by repaying a part of the damage amount; and (d) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant has no record of being punished for the same crime; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the

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 recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);

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