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(영문) 서울서부지방법원 2016.02.05 2015노1697

업무상배임등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. The defendant did not have any record of criminal punishment before the instant case, and his mistake is divided, the defendant paid 2920,000 won to the damaged company in order to recover the damage, waived retirement pay, and the damaged company was in custody of the victimized company.

The fact that a master's clothes, etc. are collected and disposed of is favorable to the defendant.

However, in light of various circumstances, such as the Defendant’s purchase of high-priced masters with the amount of damage in this case, posting them on the block, and making excessive consumption, the amount of damage is about KRW 760 million, the amount of damage is about KRW 760 million, and there is no agreement with the victimized company, and there is no particular change in circumstances that are disadvantageous to the Defendant in light of the circumstances, and other circumstances that are the conditions for sentencing specified in the argument in this case, such as the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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.