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(영문) 대구지방법원 2014.01.10 2013노2398

업무상배임

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below is likely to cause considerable damage to the victim company if the contents of the file that the defendant taken out were accumulated in considerable expenses by the victim company, and the defendant taken out the file in the course of promoting the change of the victim company's partner company to the extent that the crime of this case was not committed for the purpose of gaining unjust profits, but the risk of damage is not extinguished by the defendant's employment with another company that is not related to the victim company, and the defendant's primary crime is the defendant's age, character and conduct, environment, circumstance of the crime of this case, circumstances after the crime, etc., and all of the sentencing factors in the arguments of this case are considered to be unfair since the court below's punishment is too uneasible. Thus, the prosecutor's above assertion is without merit.

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