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(영문) 청주지방법원 2016.10.06 2016노299
배임
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fine 3,000,000) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant is divided into and reflected in the crime of this case.

The profit directly earned by the defendant from the crime of this case is only KRW 2,000,000.

The Defendant appears to have committed the instant crime by having experienced economic difficulties due to recommendation resignation, childbirth of his child, etc.

The defendant seems to have tried to recover from damage after having been discharged from the military court after having been discharged from the military court before the first head of the judgment.

The equity between the defendant and the defendant who was tried concurrently with the facts constituting the above offense shall also be taken into consideration.

Before committing the instant crime, the Defendant was not subject to criminal punishment twice due to the violation of the Military Service Act.

Circumstances unfavorable to the defendant are as follows:

The victim suffered approximately KRW 10,000,000 from the crime of this case.

Until the trial, the victim's damage was not recovered, and the victim was punished for the defendant.

In the above circumstances, there is no change in circumstances that may change the sentence of the court below when it comes to the trial, and considering the Defendant’s age, character and conduct, career, environment, circumstances and result of the crime, and all of the sentencing conditions stated in the records and arguments in the instant case, such as the circumstances after the crime, the punishment of the court below that sentenced a minor fine is too unreasonable.

3. In conclusion, the defendant's appeal 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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