logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.06.20 2014노1299
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. Summary of defendant's grounds for appeal: Unfair sentencing;

2. We examine the reasoning of appeal. ① The defendant confessions the crime of this case and repents his mistake in depth, ② there are circumstances to take into account the circumstances of the crime, ③ the damaged amount of KRW 65,265,00 out of KRW 65,265,00, and ③ it appears that the defendant would have waived his claim for reimbursement of damages and retirement benefits upon retirement. ④ The defendant, as North Korean defectors on December 19, 2001, has continuously made many efforts to adapt to our society, such as marriage, regardless of economic circumstances that are difficult after entering the Republic of Korea on December 19, 201, such as joining the Republic of Korea, and ⑤ The defendant's wife also tried to mislead her husband's wrong, and the defendant wanted to look at his sexual character so that she can settle it properly within the framework of our society's law, ③ It is recognized that the defendant would be more likely to have given the defendant an opportunity to grow up in our society, and thus, it is recognized that the defendant would be more likely to be punished and considered in our society.

The defendant's assertion of unfair sentencing is justified.

3. Ex officio determination concerning an application for compensation order;

A. During the trial process of the court below, the prosecutor requested the court below to amend the bill of amendment to change the victim of the crime of occupational embezzlement of this case from “C” to “D”, and accordingly, the court below also found the victim as “D” when it rendered a judgment of conviction against the defendant.

On the other hand, however,

arrow