업무상배임등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) by the court below (one hundred months of imprisonment) is too unreasonable.
2. The instant crime was committed for a long time during the determination period, and the amount of damage is also considerable, etc. disadvantageous to the Defendant.
However, it is reasonable to take into account the following circumstances: (a) the Defendant made confessions of and reflects the instant crime when the Defendant was in the trial; (b) the first offender who has no record of criminal punishment; and (c) the victim’s additional repayment of KRW 15 million to the injured party during the trial; (d) the victim appears to have been actually recovered from damage; and (e) the civil lawsuit filed by the injured party against the Defendant was withdrawn; and (e) the Defendant’s actual profit gained from the instant crime appears to have not been significantly significant.
Considering the above various circumstances, considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the sentence of the lower court, even in light of the aforementioned unfavorable circumstances, is deemed to be too unreasonable, even if considering the aforementioned unfavorable circumstances.
Defendant’s assertion is with merit.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the corresponding column of the judgment of the court below, with the exception of changing “1. The Defendant’s partial statement” from among the summary of the evidence of the court below to “1. The Defendant’s oral statement” as stated in the corresponding column of the court below, thereby citing it as is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 356 and 355(2) of the Criminal Act regarding criminal facts (including occupational breach of trust and occupational breach of trust), Article 356 of the Criminal Act, and Article 356 of the Criminal Act.