(영문) 대구지방법원 2013.05.16 2013노514 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2013.05.16 2013노514

배임수재

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unhued and unreasonable in light of the fact that the crime of this case committed by the public prosecutor is bad.

B. The sentence imposed by the lower court by Defendant A is too unreasonable.

2. We also examine the judgment and the defendant's assertion of unfair sentencing.

The fact that the defendant's mistake is recognized and seriously against the defendant (the defendant has made difficult money and deposited KRW 110 million as the principal deposit). The defendant faithfully worked as an employee of a long-term public corporation until the transfer of this case, and retired from D as of December 31, 2009, and the fact that neighboring people, such as the defendant's workplace rent, wanting to take the preference against the defendant are favorable to the defendant.

On the other hand, the crime of this case is a normal situation that is unfavorable to the defendant, even if the defendant, who shall make a fair deliberation on the evaluation, gives the first design evaluation score to the design documents submitted by the Gconsium in exchange for an illegal solicitation from the Gconsium, and receives 100,000 tons (based on exchange rate of 17,617,9,000 won at that time) in return, and the liability for the crime is very heavy, and there is a high possibility of criticism. Therefore, there is a need to strictize the crime, and even if considering the problems of the methods and practices of the government-funded construction tender, the most responsibility for illegal practices such as this case cannot be deemed to be against the defendant, and social harm caused by such practices is enormous.

In full view of the above-mentioned normal relationship, the age, character and conduct, environment, etc. of the defendant and the various circumstances shown in the arguments, since the sentence imposed by the court below against the defendant cannot be deemed to be too weak or unreasonable, each of the grounds for unfair sentencing by the prosecutor and the defendant are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit.

유사 판례

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