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(영문) 서울동부지방법원 2016.03.25 2016노14
사기
Text

Defendant

All appeals by prosecutors are dismissed.

The Defendant shall be liable for damages to the Pharmaceutical Industry Co., Ltd.

Reasons

The gist of the grounds for appeal by the defendant is that the sentence of the court below that sentenced the defendant for a year and six months of imprisonment is too unreasonable, and against this, the prosecutor's appeal grounds are that the above sentence of the court below is too unfeasible and unfair.

In full view of the following circumstances: (a) the victim of the instant crime is the majority, and the damage has not been recovered to the depth of the party; (b) the Defendant did not have any personal advantage by the instant crime; and (c) the Defendant did not have any other criminal record other than the fine of two times; and (d) the Defendant’s age, environment, and background of the crime, etc., which are conditions for sentencing, the sentence of the lower court that sentenced the Defendant is appropriate, and is too heavy or unreasonable.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. On the other hand, with respect to each application for compensation by the applicants for compensation, Article 25(1), Article 31(2), and Article 31(3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, it is decided as per Disposition by ordering the defendant to pay for fraud and attaching a provisional execution.

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