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(영문) 서울동부지방법원 2017.06.22 2017노138
업무상배임등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. It is recognized that the Defendant was aware that all of the facts charged of the instant case was led to the judgment of the court, and that there is a possibility that the Defendant would have obtained money from V with regard to “R”.

However, even though the victim's amount of damage was a large amount of damage, the damage was almost not recovered, and the defendant seems to have not made any effort to do so, and it is also recognized that the defendant repeated the crime even though he had the record of punishment such as punishment for the same crime

In addition, considering all the sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex, family environment, background and result of the crime of this case, the following circumstances, etc., the court below's punishment is too excessive and it is not deemed unfair. Thus, the above argument by the defendant is without merit.

3. Accordingly, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal of this case is without merit. It is so decided as per Disposition.

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