logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.01.19 2016노1806
업무상횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Reasons

1. The sentencing of the lower court (one year of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Examination of the reasons for appeal by the defendant ex officio prior to the judgment on the grounds for appeal by the court, and the prosecutor at the first trial date at the trial by the court of first instance.

(1) The amount No. 30,00,000 for the annexed crime No. 3 times in the table of crime No. 8 (won) is changed to “10,000,000”, and the sum of the amounts (cost) inserted “113,530,905” in the column of the method of crime and then changed to “93,530,905” in the sum of “113,530,905” in the last margin of the charged facts, and “1,35,905,000 won” in the sum of “9,353,905,000 for each amendment to the indictment” in the second trial.

(3) The phrase “45,730,110” in the Schedule of Attached Crimes Nos. 5 1,730,110 was deleted, and the phrase “45,730,110” was changed to “40,175,110”, and the third part of the charges in the above part of the charges was changed to “2,77,50 won for personnel expenses” and “2,277,970 won for personnel expenses” was changed to “2,27,970 won on December 1, 201,” and “19 times” was changed to “17,000,000 won” and “17,000,000 won was changed to “17,000 won” and “4,537,000,000 won was changed to each of the above charges.”

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for the new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column in addition to changing the facts constituting an offense in the judgment below as stated in paragraph (2).

arrow