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(영문) 대전지방법원 2016.08.11 2015노3335

배임증재

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of six months, the suspension of execution of two years, and the community service order of two hundred hours) is too unreasonable.

2. The fact that the defendant is against whom the judgment is given, KRW 10 million out of the given money is favorable for the following reasons: (a) the remainder return the Defendant to F Co., Ltd.; (b) the Defendant is the most supporting the wife and minor children; and (c) the Defendant appears to have responded to A’s demand for property grant.

However, in this case, the defendant made an illegal solicitation and provided property in order to enable FF corporation to enter into a construction contract, and the crime is not good, and the defendant again committed the crime of this case during the suspended execution period for the same kind of crime. Considering the defendant's age, sex, environment, motive, means, consequence, etc., the sentence of the court below is too unreasonable, and it is not recognized that the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.