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(영문) 의정부지방법원 2016.09.20 2016노1929
업무상배임
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession of and reflect against the instant crime, there is no criminal record of the same kind, and the crime of fraud established in the judgment of the court below and the crime of this case are in the relation of concurrent crimes after Article 37 of the Criminal Act.

B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime exceeds KRW 100 million; (b) the victim did not agree with; and (c) the damage was not recovered; and and (d) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, circumstances leading to the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable even if the circumstances favorable to the Defendant were considered,

Therefore, the defendant's above assertion is without merit.

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

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