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(영문) 서울동부지방법원 2019.06.20 2019노35
횡령
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In the judgment of the court below, in full view of all the reasons for sentencing including the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the defendant's allegation of unfair sentencing is unreasonable since it is improper for the court below to hold that the defendant paid full amount of damage to the complainants, and that the defendant has no record of performing the same kind of crime, confession and reflection of the defendant's crime.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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