업무상배임등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable in light of the fact that the Defendants committed the instant crime by repeating the fiduciary relationship with the victim company, and the victim company is a small business entity, and the degree of damage caused by the instant crime is serious. The sentence of the lower court (Defendant A: six months of imprisonment, one year of suspended execution, one year of imprisonment with prison labor, and one year of suspended execution) is too unreasonable.
2. The crime of this case is committed by the defendants to reflect the trust of the victim company operated in a small scale, and they committed in order to operate the same kind of business, and its nature is not good.
In addition, in light of the fact that the leakage of information by one of the defendants is substantial, and the leakage of technology to small and medium enterprises, such as the victim company, which exclusively depends on the technology developed by the victim company, can seriously compromise, the defendants need to be punished strictly.
However, in full view of the following factors: (a) the Defendants agreed with the representative director H of the victim company and did not want to punish the Defendants; (b) the degree of damage to the victim company caused by the instant crime appears to have not been significant; and (c) the Defendants appears to have an attitude against their own mistake; and (d) the Defendants’ age, sex, environment, relationship with the victimized company; (b) the purpose and process of the instant crime; and (c) the circumstances after the commission of the crime, etc., the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.