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(영문) 인천지방법원 2013.12.20 2013노2805
업무상배임
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (two years of suspended sentence for eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is that the defendant recognized the crime of this case. The crime of this case is committed in favor of the defendant, and the defendant attempted to settle the profits from the business relationship with the victim and there are some circumstances to be considered in light of the circumstances. The defendant has no record of punishment exceeding the same kind and fine.

On the other hand, the court below seems to have determined the punishment by fully taking into account the circumstances favorable to the defendant, and there is no change of circumstances that may differ from the judgment of the court below, such as agreement with the victim up to the trial of the case, etc., and the amount of damage caused by the crime of this case is not significant, and other various sentencing conditions as shown in the records and arguments, including the defendant's age and family environment, the circumstances leading to each crime of this case, and the situation before and after the crime, etc., are considered to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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