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(영문) 대전지방법원 2020.11.04 2020노2830
업무상배임등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

A's table A's table No. 1 (No. 1), B's table.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (the confiscation of evidence 1, 6 months of imprisonment, 1, 2) is too unreasonable.

2. The defendant paid part of the amount of damage caused in the trial by allowing the victim to deduct it from wages and retirement allowances. In full view of all the sentencing conditions set forth in the records and arguments of this case, including the damage amount and the amount repaid by the reason for sentencing, the possibility of recovery of damage caused by the victim through legal measures, the motive and manner of the crime, the growth environment of the defendant and family relations, etc., the court below's punishment is recognized as unfair because it was based on the changed sentencing conditions in the trial.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the judgment below is ruled again as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the relevant column of each of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 356 and 355(2) of the Criminal Act concerning the choice of punishment (the point of occupational breach of trust), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, the choice of imprisonment for each of the following reasons:

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. To determine the punishment as ordered in light of the various circumstances examined prior to the reason for sentencing under Article 48(1)1 of the Criminal Act.

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