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(영문) 인천지방법원 2016.08.12 2016노1344
업무상배임
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (five million won penalty) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneased and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

In this regard, the defendant's mistake and reflects the defendant's mistake, the first offender who has no record of criminal punishment, and the victim suffers direct and considerable property damage due to leaked data by the defendant.

On the other hand, there are no circumstances favorable to the defendant, such as the fact that the crime of this case was committed in favor of the defendant, while the defendant retired from office, with information, etc. related to external business, which is the major business assets of the victim, and the crime of this case was committed in light of the circumstances, methods, etc. of the crime, and the fact that the nature of the crime is not less than that of the defendant in light of the circumstances, etc., and the victim wants to be punished against the defendant, and in addition, considering all the sentencing conditions specified in the argument of this case, such as the defendant's age, sex, environment, background, method, frequency of the crime, frequency, etc., the punishment imposed by the court below shall be appropriate, and it is not recognized that

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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