(영문) 울산지방법원 2018.03.30 2017노1523 | 리걸엔진

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(영문) 울산지방법원 2018.03.30 2017노1523

업무상배임

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant (ten months of imprisonment, two years of probation, and two hours of community service order) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine each of the above arguments by the Defendant and the prosecutor together, and the crime of this case is an unfavorable circumstance to the Defendant, where the Defendant abused the status of a person in charge of affairs related to the subcontractor company of the victim company and demanded the subcontractor to claim the payment of the construction cost for a long time, and in consideration of the period and method of the crime, it is not good for the crime to be committed, and some of the employees of the victim company want to be punished by the Defendant.

On the other hand, the defendant made his own efforts to recover damage by depositing KRW 60 million for the victim company, and there are no criminal records of the same kind of criminal records or suspended execution, and the attitude of recognizing all of his/her errors and reflecting them are favorable to the defendant.

In addition, comprehensively taking account of the defendant's family relation and economic circumstances, age, sexual conduct, environment, circumstances after the crime, circumstances after the crime was committed, and whether the change in circumstances occurred after the judgment of the court below, the sentence of the court below is deemed to be within reasonable and appropriate scope, and it cannot be deemed that the defendant's punishment is excessively heavy or unreasonable.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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