beta
(영문) 서울중앙지방법원 2016.09.23 2016노1866

증거인멸

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence sentenced by the first instance court on the summary of the grounds for appeal (unfair sentencing) (a fine of 1.5 million won for Defendant A, a fine of 10 million won for Defendant B, and confiscation) is too unreasonable.

2. Although the Defendants’ mistake is divided, the representative and employees of Defendant B used the file of the design drawing of k9 automobile, which is the business secret of the victimized company, unlawfully. Defendant A’s destruction of the evidence in criminal case by removing the spora in which the said file was stored, and there is no change in sentencing conditions that may be particularly considered in the appellate trial, and other circumstances that are the conditions for sentencing such as Defendant A’s age, sexual behavior, environment, motive, means and consequence of the Defendants’ crime, and the circumstances after the crime are examined in detail, it is difficult to view that the first instance court’s punishment imposed on the Defendants is too unfair even if considering the circumstances alleged by the Defendants.

Therefore, we cannot accept all the defendants' argument of sentencing.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.