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(영문) 서울중앙지방법원 2018.06.01 2018노592
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 (amounting to three million won, and confiscation) is so excessive that it is unfair (the Defendant and his defense counsel withdrawn the assertion of misunderstanding of facts and of legal principles on the date of the first trial of the first instance trial of the lower court). 2. In the instant case where there is no change in the sentencing conditions that may be particularly considered in the first instance trial of the lower court, taking into account all the circumstances that form the conditions for sentencing, including the Defendant’s age, sex, sex, environment, health conditions, family relationship, motive, means, and consequence of the crime, the Defendant’s assertion is not acceptable, since the lower court’s punishment is too excessive to the extent of discretion, and it is difficult to view that the Defendant’s assertion is unfair.

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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