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(영문) 수원지방법원 2015.10.22 2015노599

업무상배임

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by a mistake prosecutor of facts in the records of this case, the judgment of the court below which acquitted all of the facts charged against Defendant A and the facts charged against Defendant B and C on a different premise is erroneous in the misapprehension of facts, since six files recorded in the annexed crime sight table 1, 41, 42, 45, 55, 56, and the production drawings, specifications, materials, etc. of the injured party G Co., Ltd., which are contained in six files listed in the annexed crime sight table 2 as indicated in the judgment of the court below, can be sufficiently recognized as constituting a major business asset in breach of occupational breach of trust. Thus, the defendants' act of shipping or delivering them without permission constitutes a crime of occupational breach of trust.

B. The lower court’s sentence on Defendant A (fines 15,00,000) of unreasonable sentencing is too unhued and unreasonable.

2. Determination

A. In light of the records, a thorough examination of the evidence of this case as to the assertion of misunderstanding of facts is justified for the court below to render a not-guilty verdict on all of the facts charged against Defendant A, and the facts charged against Defendant B and C based on the circumstances stated by the court below. It does not seem that the court below erred by mistake of facts, such as the prosecutor's assertion.

Therefore, the prosecutor's assertion on this part is not accepted.

B. As to the assertion of unfair sentencing, Defendant A is deeply divided into the instant crime, the above Defendant appears to have no personal benefit acquired by the instant crime, and the victim G also appears to have no substantial damage caused by the instant crime, the victim corporation did not have the same criminal power, and there was no record of criminal punishment heavier than that of suspended sentence, and the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the instant crime, and circumstances after the crime, etc. are included in the instant pleadings.