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(영문) 광주지방법원 2014.11.13 2014노2223
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, additional collection) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant asked the members to support himself/herself, and spread money of KRW 17.5 million to be elected at the head of the G Association H branch (hereinafter “H branch”). If money is distributed and elected, it is highly likely that the Defendant will commit a crime, such as breach of trust and embezzlement, in order to recover the expenses incurred in the election process. In fact, the Defendant received 6.5 million won from the automobile repair businessman after being elected at the H branch, and embezzled using 6.8 million won from the H branch’s money at will. It is disadvantageous that the Defendant’s nature of the crime is very poor.

However, in consideration of the favorable circumstances, such as the fact that the defendant seems to have recognized his mistake when he was in the trial, that the defendant did not have any history of punishment, that the defendant resigned from the H branch when he was in the trial, that the defendant had agreed with the victim H branch, and that the defendant was confirmed to have returned all the money received from the automobile repairer, and all the sentencing conditions in the instant case, such as the defendant's age, character and conduct, environment, circumstances and result of the instant crime, etc., the sentence imposed by the court below is somewhat unreasonable, and therefore, the defendant's argument is reasonable, and the prosecutor's assertion is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(No appeal by a prosecutor is well-grounded, but the decision of the court below is reversed, the prosecutor's appeal shall not be dismissed separately from the disposition). The summary of facts constituting an offense and evidence is recognized by the court.

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