부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Summary of grounds for appeal;
A. In full view of the evidence submitted by a mistake prosecutor in the records of this case, the judgment of the court below which acquitted each of the facts charged against Defendant B, C, and Defendant A of this part of the facts charged on a different premise is erroneous in the misapprehension of legal principles, even though the eight files recorded in the annexed list of crimes fall under trade secrets under the Unfair Competition Prevention and Trade Secret Protection Act, and the eight files recorded in the same list of crimes Nos. 21 through 27 and 38 can be sufficiently recognized as falling under the major business assets in breach of occupational breach of trust.
B. The lower court’s sentence against Defendant A (ten months of imprisonment and two years of suspended sentence) is too uneased and unreasonable.
2. Determination
A. In light of the records, a thorough examination of the evidence of this case as to the assertion of mistake of facts shall be conducted in light of the records, and the judgment of the court below not guilty of the facts charged against Defendant B and C and this part of the facts charged against Defendant A shall be justified, and the judgment of the court below shall not be deemed to contain an error of law as alleged by the prosecutor
Therefore, the prosecutor's assertion on this part is not accepted.
B. In full view of the following factors: Defendant A’s judgment on the assertion of unfair sentencing is divided in depth into the crime of this case; the above Defendant appears to have no personal benefit acquired by the crime of this case; the victim Daa corporation also appears to have no actual damage caused by the crime of this case; the Defendant was a primary offender who has no record of criminal punishment; the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime of this case; and all of the sentencing conditions indicated in the argument of this case, including the circumstances after the crime, etc., the lower court’s punishment against Defendant A is deemed to be unfair.