(영문) 서울중앙지방법원 2016.07.14 2016노1629

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.07.14 2016노1629

횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (ten months of imprisonment).

2. The crime of this case is in violation of the trust relationship as a manager, and the nature of the crime is not good, and the damage therefrom is not less than 44 million won, and the defendant's escape abroad for a long time without any effort to recover particular damage immediately after the crime is committed is disadvantageous to the defendant.

However, in full view of the following facts: (a) the Defendant recognized the Defendant’s mistake; (b) compensates the Defendant for damages that occurred in the trial; and (c) agreed with the victim for damages; (d) the Defendant would have been suffering from considerable pain due to long-term escape; (c) there is no record of criminal punishment exceeding the fine; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and following the pleading is ruled as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are as shown in the corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

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 on the suspension of execution (the above-mentioned normal consideration);

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

유사 판례

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