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(영문) 서울남부지방법원 2017.03.23 2016노2222
횡령등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) On the judgment of the court below of first instance, Defendant 1 made a confession of one’s own crime, and his depth is divided, while the Defendant was faced with financial difficulties while running the company, and there are circumstances to be considered in the process of the crime of this case. The Defendant paid damages to the victim in full at the court below stage and agreed with the victim in full with the victim so that the injured person does not want the punishment of the Defendant. The Defendant is aged and the Defendant is extremely old, and the Defendant is unable to cope with the aquatic life because his health conditions are not good due to plastic symptoms and depression, and if the Defendant’s detention is prolonged, it is anticipated that the company in which the Defendant is operating the company will be faced with the crisis of the discontinuance of its business. In light of the above, the sentence (eight months) imposed by the court below is unreasonable.

2) In light of the fact that the Defendant divided his mistake in depth with the victim and the victim did not want punishment against the defendant at the lower court’s stage, the sentence (eight months of imprisonment) imposed by the lower court is too unreasonable.

B. The prosecutor (as to the judgment of the court below 1), the crime of this case was committed by the defendant with the knowledge that the amount deposited in his account was the source of damage caused by telephone financing fraud, and thus, the crime was extremely poor, and the crime was committed. The defendant paid damages upon the revocation of the report of damage to the victim immediately after the crime of this case.

In light of the fact that there was a false statement, the sentence imposed by the court below is too unhued and unfair.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to concurrently examine the above two appeals cases.

However, each crime of the first and second judgment against the defendant is concurrent crimes of Article 37 of the Criminal Code.

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