(영문) 인천지방법원 2017.07.21 2017노1656 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2017.07.21 2017노1656

업무상횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (four months of imprisonment) is too unhued and unfair.

2. We examine all of the arguments regarding unfair sentencing by the Defendant and the prosecutor.

The damage caused by the instant case has not yet been recovered, and the fact that the Defendant did not repent his mistake in the original trial is disadvantageous to the Defendant.

However, the amount of damage caused by the instant case is not significant in the amount equivalent to KRW 13.9 million (the above amount falls under the case where the substantial damage is considerably small). The Defendant's mistake is recognized in the trial in the case of a party, there is no record that the Defendant has been punished by the same crime or a suspended execution, and the Defendant has no record of being punished by the same crime or a suspended execution for about three months, and the Defendant is detained for about three months, which is favorable to the Defendant.

In full view of the various sentencing factors prescribed in the sentencing guidelines as above, including the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the sentence for four months sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the judgment below is again decided as follows (inasmuch as the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed in its disposition). [The grounds for the new judgment] summary of criminal facts and evidence and summary of evidence are as stated in the corresponding column of the judgment of the court below.

유사 판례

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