업무상배임
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of three years from the date this judgment becomes final and conclusive.
The summary of the reasons for appeal is that the punishment prescribed by the court of the original instance (one year of imprisonment, one year of confiscation) is too unfluent and unfair.
Defendant
The judgment of the court below is that the mistake of facts and the violation of laws and regulations are affected by the judgment.
In addition, it is unfair that the punishment determined by the court of the original instance is too too unreasonable.
Judgment
If the case is examined by the evidence duly adopted and examined as to the defendant's assertion of mistake of facts and misapprehension of legal principles, it is just and acceptable for the court below to find the defendant guilty of the facts charged as stated in its holding.
The court below decided that the defendant was guilty in addition to the grounds for conviction from 4 to 10 pages of the judgment, and tried to invoke this as is.
In addition, there is a lack of reasonable doubt about convictions by only the legal statement of AM of the witness at the trial.
We cannot accept the allegation that there was a misunderstanding of facts or a misunderstanding of legal principles affecting the judgment of the court below.
The criminal liability of the defendant, which caused the injury to the victim due to the occupational breach of trust by taking out the files of design drawings, which are the main business assets of both parties, on the unfair argument of sentencing, is not somewhat weak.
The injured party has the wind to ask the accused for a heavy punishment.
However, the defendant engaged in the field concerned for a long time and continued to engage in research activities, and had a certain level of expertise as a result of drawing, mechanical design, and technological development.
The decision is judged.
One of them is that the domestic experts in the field of the Navy are scarcity.
In addition, the amount of damage suffered by the victim due to the defendant's crime is serious to that of a large amount as argued by the prosecutor and the victim.
It does not mean that they are.
It is difficult for the defendant to receive government subsidies by supporting government-funded research projects only on the victim's outcomes of research and development.