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(영문) 인천지방법원 2016.03.30 2015노3470
업무상배임
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in six months of imprisonment) is too unhued and unfair.

2. In light of the fact that there is no change of circumstances after the judgment of the court below, and the sentencing conditions as shown in the records and arguments of this case are compared with the reasons for sentencing of the judgment of the court below, the sentence of the court below is too unjustifiable, even considering the circumstances asserted by the prosecutor on the grounds

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 prosecutor's appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Criminal Procedure Act on the ground that Article 355 (2) and (1) of the Criminal Procedure Act on the ground that Article 356 and Article 355 (2) of the Criminal Procedure Act on the ground that Article 25 (1) of the Rules on the Criminal Procedure are amended to "Articles 356 and 355 (2) of the Criminal Act").

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