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(영문) 의정부지방법원 2015.02.06 2014노1329
업무상횡령
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

except that from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the punishment imposed by the court below on the Defendants (one year and six months of imprisonment) is too unreasonable.

2. Although the amount of damage caused by the instant crime is limited to the size of damage caused by the instant crime, the Defendants’ confessions are against the Defendant, and they agreed with the victim in the first instance. Prior to the instant case, the first offender who had no record of criminal punishment, and all other circumstances, including the Defendants’ age, character and conduct, environment, circumstances leading to the instant crime, details and circumstances leading to the instant crime, etc., the punishment imposed by the lower court against the Defendants seems to be too unreasonable.

Therefore, the above assertion by the Defendants is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 356, 355 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the above reasons for reversal) of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the types 2 (10 million won to 500 million won): the mitigated element of embezzlement and breach of trust [special person] [decision of the recommended area] the scope of mitigation [decision of the recommended area] six months to 2 years [the scope of the recommended area] the mitigated area [general person] the mitigated element - there is no history of criminal punishment - where the mitigated element is an embezzlement crime - there is no history of criminal punishment - Where the crime is committed [whether suspended sentence is suspended] - The principal reasons for punishment - the general participation reason: there is no criminal record above the suspension of execution;

2. Determination of sentence:

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