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(영문) 광주지방법원 2012.12.12 2012노1874
배임수재
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, one million hours of community service, nine million won of additional collection) imposed by the court below is too unreasonable.

2. The fact that the judgment of the defendant recognized his responsibility for the crime of this case in the trial, appears to be against the defendant, there is no record of criminal punishment for the same kind of crime, and that the crime of this case was committed in accordance with the practice of providing the money to the reporters in the region as advertising expenses, and that the defendant did not seem to have actively demanded the money in favor of the defendant.

On the other hand, even if the defendant, a local presiding newspaper, demands higher integrity than a general secretary in light of the fairness and objectivity of the media, it is a case of receiving 9 million won in total in return for an illegal solicitation that demands impliedly negative articles from local enterprises and receives 9.9 million won in total, and it is not good to commit such crime, and it seems that the defendant has used the money that he should bear for a long period of time.

In addition, comprehensively taking account of various circumstances, such as the circumstances leading up to the instant crime, the means and methods, the amount and frequency of the occurrence of breach of trust, the circumstances after the instant crime, the Defendant’s age and happiness environment, etc., as well as the sentencing conditions prescribed in Article 51 of the Criminal Act, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal of this case 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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