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(영문) 수원지방법원 2018.03.23 2017노9537
업무상횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal is too heavy (6 months of imprisonment) by the lower court (the Defendant) or it is too heavy (6 months of imprisonment).

2. We examine each of the sentencing offenses committed by the Defendant and the Prosecutor.

Despite the fact that the defendant had been punished several times for the same kind of crime of the same law, the crime of this case is repeated during the period of suspension of execution and the quality of the crime is not good.

The amount of damage suffered by the victim from the crime of this case is not significant.

The defendant is highly likely to be subject to criticism by arbitrarily consuming the proceeds from selling used cars for the victim while engaging in the business of selling used cars.

However, the Defendant initially led to the confession of all of the instant crimes.

The defendant is working in good faith for 23 years as a member of the business that brokers the secondhand trading.

The Defendant, upon undergoing a brain operation for five years, supports the father and the mother suffering from dementia, etc. of older persons who have not been healthy, and the Defendant himself/herself is also not healthy due to pantyitis, wing infection, etc.

Above all, the defendant does not want to be punished against the defendant by paying a significant portion of the damage to the victim's side and making an agreement.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

The defendant's improper assertion of sentencing is accepted and the prosecutor's improper argument of sentencing is not accepted.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is reasonable, and the decision is rendered again after pleading as follows (the prosecutor's appeal is not accepted, but the decision of the court below is reversed by accepting the defendant's appeal.

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