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(영문) 대구지방법원 2017.05.25 2016노5051
업무상배임
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too uneasy and unreasonable.

2. The lower court sentenced the above punishment by taking into account the favorable circumstances, such as the fact that the victimized company did not recover or neglect damage, and the Defendant reflects the Defendant, and the fact that the Defendant did not have any previous record of fine on one occasion due to driving of drinking alcohol, etc.

In light of the circumstances as above, the court below's sentence imposed on the defendant is reasonable, and the judgment of the court below exceeded the reasonable limit of discretion, in light of the circumstances where the period of the crime was long and the amount of damage was high, taking into account the favorable circumstances that are favorable to the defendant that the benefits from exchange and refund are not directly attributed to the defendant, and all other sentencing conditions, including the defendant's age, sex, environment, circumstances leading to the crime, means and consequence, size of the crime, and circumstances after the crime.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so far as it ought to be reversed.

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

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