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(영문) 광주지방법원 2014.08.27 2012노2375
배임수재
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of probation, one hundred and twenty hours of community service, additional collection of KRW 122,886,364 of imprisonment in October) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The crime of this case is committed under normal circumstances where the defendant, a newspaper residing in the region, received approximately KRW 122 million in total for about four years from the enterprises of the region in receipt of an implied solicitation, and received about a total of about 122,00,00 won in consideration of the fairness and objectivity of the media, which requires a high integrity in light of the fairness and objectivity of the media. On the other hand, the defendant recognized his mistake in this court, and there was no previous conviction in the past 15 years, and there was no special criminal conviction in the past 15 years. The crime of this case takes advantage of the practice of providing money to the applicants residing in the region as advertising expenses, and the defendant does not seem to have actively demanded money, taking into account other favorable circumstances such as the background of the crime of this case, the circumstances after the crime of this case, the defendant's age, personality and conduct, etc., and the court below's punishment is somewhat inappropriate, and the prosecutor's assertion that the defendant's assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered

(An appeal by a prosecutor is without merit, and thus, shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act. However, as long as an appeal by a defendant is accepted and the judgment of the court below is reversed, no appeal shall be rendered separately in the disposition). The summary of facts constituting an offense and evidence recognized by the court is recorded in the respective corresponding

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