(영문) 광주지방법원 2015.11.03 2015노1170 | 리걸엔진

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(영문) 광주지방법원 2015.11.03 2015노1170

보조금관리에관한법률위반

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Defendant

All appeals filed by A, G and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s penalty of the lower court (fine 10 million won) is too unreasonable.

B. The punishment of Defendant G (six months of imprisonment, two years of suspended execution) by the lower court is too unreasonable.

C. The lower court’s punishment (two months of imprisonment and two years of suspended execution) against the Defendant I of the Prosecutor is too unfluent and unreasonable.

2. Determination

A. In full view of the elements of unfavorable sentencing, including the fact that the amount of the Defendant’s exclusive subsidy exceeds KRW 1.3 billion, the elements of favorable sentencing, including that the Defendant did not gain personal benefits with the diversion of the national subsidy, that there was no record of criminal punishment, and other factors that form the conditions of sentencing specified in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence against the Defendant is too unreasonable.

B. In full view of the factors such as the Defendant G’s occupational embezzlement amounting to KRW 30 million, the embezzlement amount is against the Defendant’s unfavorable sentencing factors, including the use of the embezzled money for personal purposes, the return of the embezzled money, the favorable sentencing factors such as the fact that there was no record of criminal punishment prior to the instant crime, and other circumstances and equity with the case where the Defendant was tried like the Defendant’s age, character and conduct, environment, etc., and the crime of occupational embezzlement that became final and conclusive, the lower court’s sentence against the Defendant is too unreasonable.

C. Defendant I, taking advantage of the position of journalist, took money by threateninging the victim to be wrong, and the nature of the crime is not good, and even if there are several records of criminal punishment for the same kind of crime, he/she again commits the crime of extortion, and the Defendant has committed an unfavorable sentencing elements and the Defendant.

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