업무상배임
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (a punishment of eight months of imprisonment, two years of suspended sentence, and 120 hours of community service) is so excessive that it is unfair (a). (b) The Defendant explicitly withdraws his assertion of misunderstanding the facts or misapprehension of the legal doctrine on the first trial date of the first trial of the first trial of the lower court).
However, in light of the favorable circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances leading up to the sentencing of the instant case, considering the following: (a) the Defendant appears to have committed the instant crime when it comes to the trial; (b) the Defendant appears to have reached the instant case in the course of liquidation of the relationship with the representative director of the victimized company; (c) there are some circumstances to be taken into account; (d) the Defendant deposited KRW 20 million for the victimized company in the course of the trial; and (e) there was no history of punishment for the same kind of crime; and (e) there was no history of punishment exceeding the fine; and (e) other circumstances, such as the Defendant’s age, sex, and sex, environment, and motive, means and consequence of
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) other than adding “1. Defendant’s trial testimony” to the summary of the evidence of the court below’s judgment, it is identical to each corresponding column of the court below’s judgment; and (b) thus, it is also cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act (generally, selection of fines) concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order