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(영문) 창원지방법원 2016.09.28 2016고단1943
업무상횡령등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Scope of trial by party members after remand

1. Before remanding, the trial rendered a judgment dismissing the prosecution as to the Defendant’s embezzlement of occupational duties among the facts charged in the instant case, the preparation of a false official document, each conviction as to the uttering of a false official document, and interference with the exercise of rights as to the abuse of authority.

B. As to the judgment of the court of first instance prior to remand, the part of conviction on the charge of occupational embezzlement, preparation of a false official document, and uttering of a false official document, which was not appealed by the defendant and the prosecutor, was finalized.

(c)

The judgment of remand is reversed the part of the judgment of the court below that dismissed the public prosecution against the defendant before remand and remanded to the court below. Thus, the scope of the judgment of the court below is limited to the above part of the judgment dismissed.

Punishment of the crime

On May 2012, the Defendant instructed L, a nutrition teacher of the above elementary school, to use school meals to put food to his house at the school, and to put it at the school, from that time, from July 2014, the Defendant instructed L, a nutrition teacher of the above elementary school, that L, a food for the mind during a meal period of 1 to 100 times a week from July 2014, 200. The Defendant instructed L, without exception, to put the above L, a food for the mind at the school, or the above L, to put it at the school, and without exception, put the Defendant into the city by packing food in the way of drinking through a scromatic, gras container, the Botosc, the Botosc, and the plastic white, etc.

As a result, the Defendant abused the official authority of a public official to let L of a nutrition teacher perform an act that does not have a duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by a witness in the third public trial protocol;

1. Application of each text and answer statute to L,O, and P;

1. Article 123 of the Criminal Act and selection of fines concerning facts constituting an offense;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act to the custody of a workhouse is between 30 and 30 years, where the defendant has no criminal history.

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