업무상배임
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
Defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of suspended sentence in six months of imprisonment) is too unreasonable.
2. The Defendant’s arbitrary use of the amount is not certain, and there is no agreement with the victim, etc. is disadvantageous to the Defendant.
However, the fact that the defendant does not seem to have committed the crime of this case for personal benefits, that the defendant has faithfully performed his duties for 35 years with public office, that there is no other force except the punishment of fines once in 1974, and that the defendant has deposited the total amount of damages in the first instance, thereby recovering the damage, is favorable to the defendant.
Considering the above various circumstances, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable even in light of the aforementioned unfavorable circumstances, 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 recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it 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 (including each type of act) and the selection of each fine for the crime;
1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes resulting from voluntary use of a corporation card with heavy penalty)
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.