업무상실화
All appeals by the Defendants are dismissed.
1. According to the records of the judgment on Defendant B’s appeal, even if the Defendant received a written notification of the receipt of the trial record from this court on July 30, 2014, the Defendant did not submit the statement of grounds for appeal within 20 days, which is the deadline for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act. The petition of appeal does not state the grounds for appeal
(1) The defendant alleged unfair sentencing at the trial. However, when considering various sentencing conditions, such as the background of the crime in this case and the circumstances before and after the crime, it cannot be deemed that the sentence of the court below is too unreasonable. Therefore, pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, the defendant's appeal should be dismissed by decision pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, but as long as
2. Determination on Defendant A and C’s appeal
A. The main point of the grounds for appeal is that the lower court’s punishment against the Defendants (six months of each imprisonment without prison labor) is too unreasonable.
B. The following should be considered: (a) Defendant A deposited KRW 2 million for the victim in the trial; (b) Defendant A did not have any record of crime exceeding the same kind or fine; (c) Defendant C did not have the same criminal power in the case of Defendant C; and (d) the Defendants led to the instant crime.
However, due to the instant case, even though the F-owned market price was entirely destroyed by a factory equivalent to KRW 123,790,000, the damage was not recovered, and the Defendants appear to be more responsible for the damage to others.
Such circumstances and circumstances are disadvantageous to the Defendants, and there are no special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and the records and arguments of this case, such as the circumstances after the commission of the instant crime, the Defendants’ age, character and conduct, environment, and family relationship, are shown.