logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.12.22 2017노3349
배임수재
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (one year and six months of imprisonment, and three years of suspended execution) is too uneasy and unreasonable.

2. Even though the Defendant was in the position of overall control over the company’s business as a H managing director, the Defendant received money from the KJ, who was an employee, in return for impliedly receiving money from the representative of the subcontractor in the name of a dispatch fee.

The amount of money received shall be KRW 82 million for about three years and six months.

It is not good that a crime is committed.

These points are disadvantageous to the defendant.

The defendant has divided his wrongs and reflected his wrongs.

Defendant does not seem to actively demand money from J.

H does not want to punish the defendant.

The defendant is still in difficult condition to undergo a four-year surgery for the defendant.

There is no criminal history against the defendant.

These points are favorable to the defendant.

Considering such circumstances and the Defendant’s age, sex, environment, family relationship, circumstances, and result of the crime, all the sentencing conditions as shown in the pleadings, such as the circumstances after the crime, the sentence of the lower court is not easy.

The prosecutor's improper argument in sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow