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(영문) 서울남부지방법원 2014.06.13 2013노2200
업무상배임
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the substance of the instant crime, where the court below had been granted a suspended sentence to the Defendant on its own, it is too uneased.

2. In full view of various circumstances, including the circumstances leading up to the instant crime, the means and method, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, which are indicated in the records and pleadings, the lower court’s delay of sentence against the Defendant cannot be deemed unfair, because it is too unreasonable for the lower court to have granted the sentence to the Defendant, in so far as it is too unreasonable for the lower court to have granted the sentence to the contrary.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, it is corrected that the "E" in paragraph (1) of the crime of the judgment of the court below is "O" and the "L" in paragraph (1) is changed to "P."

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