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(영문) 서울중앙지방법원 2018.11.09 2018노1594
배임증재미수
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for each of six months of imprisonment, two years of suspended sentence, and 80 hours of community service order) is too unreasonable.

2. It is recognized that the Defendants led to confession and reflect on the instant crime; Defendant A did not have the same record of crime; Defendant B did not have any record of criminal punishment; Defendant B did not have any record of criminal punishment; and in fact did not receive the advance payment; and the Defendants did not commit an attempted crime; and the solicitation was not made.

However, even though the Defendants are in a position that requires high morality and integrity as a journalist, in that they actively made illegal solicitation, such as requesting the same journalist to delete articles in return for monetary compensation for the benefit of others, in particular, Defendant B is the president of the “C” and led the instant crime as the president of the investigative agency, and appears not to have properly disclosed the behind it, there are no special circumstances or changes in circumstances that may be considered newly in sentencing in the appellate court, and there is no other reason to regard the Defendants’ age, sexual behavior, environment, motive, means and consequence of the crime, etc., the lower court’s punishment cannot be deemed to be excessively unreasonable, taking account of all the sentencing conditions indicated in the instant argument, such as the following circumstances.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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