logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.11.18 2015노1823
횡령등
Text

The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. Summary of grounds for appeal;

A. As to the embezzlement of Part 2 of the crime sight table 2 attached to the misunderstanding of facts and misunderstanding of legal principles (public prosecutor), the court below found the defendant not guilty of this part of the facts charged, even though it is erroneous in the misapprehension of legal principles or misunderstanding of legal principles, while the defendant received remittance from the victim E with the purpose and purpose of use and kept the money.

B. The sentence imposed by the court below on the defendant (the defendant, the prosecutor) is too heavy or unhued and unfair.

2. The lower court, which was subject to the judgment of this Court, found the Defendant not guilty on the charge of embezzlement of part 2 of the attached Table 2 of the crime sight table 2013Kadan34 of the instant facts charged, and found the Defendant guilty on the charge of embezzlement of part 31 and 32 of the attached Table 3 of the crime sight table 2013Kadan3434 of the instant facts charged, and found the Defendant guilty on the charge of embezzlement of part 3 of the attached Table 3 of the crime sight table 3 of the instant

In addition, the defendant was punished by imprisonment with prison labor for 8 months by recognizing the remaining charges.

The Defendant appealed on the guilty portion on the ground of unfair sentencing, and the Prosecutor appealed on the guilty portion on the ground of unfair sentencing, on the ground of mistake of facts or misapprehension of legal principles, and did not object to the acquittal portion on the ground of the above-mentioned reasons. As such, the acquittal portion on the grounds of appeal was brought to the trial in accordance with the principle of no appeal, but was exempted from the object of attack and defense between the parties, so the judgment of the court below should be followed, and the aforementioned acquittal portion on the grounds of unfair sentencing is not separately

3. Judgment on misconception of facts and misapprehension of legal principles

A. The summary of this part of the facts charged is the person who works as a licensed real estate agent assistant. On May 2010, the Defendant was the victim at the “F” office for the operation of the Victim E in Daejeon Seo-gu Daejeon.

arrow