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(영문) 춘천지방법원 2019.05.31 2019노226

배임

Text

The defendant's appeal is dismissed.

The defendant shall pay 12,740,000 won to J of the compensation order applicant.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. There is no significant change in circumstances after the judgment of the court below to consider the sentencing of the defendant.

In light of all the circumstances asserted by the Defendant as the grounds of appeal, the lower court’s sentence cannot be deemed to be unreasonable, even if it is considered that the Defendant’s grounds of appeal are inconsistent with the records and arguments in the instant case.

The defendant's assertion of unfair sentencing is not accepted.

3. Conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

An application for a remedy order filed in the appellate court is justifiable, so it is so decided as per Disposition by the court below by ordering the defendant to compensate 12,740,000 won to J pursuant to Article 25(1), Article 31(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and attaching a provisional execution sentence.