logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.04.09 2019노2738
업무상배임
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, 8 months of imprisonment and 2 years of probation, community service, 80 hours of imprisonment, 6 months of probation and 2 years of probation, 80 hours of community service, and 80 hours of community service) of the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the trial; and considering the following as a whole: (a) the grounds for sentencing as stated by the lower court are the Defendants’ age, character and conduct, records of the crime, motive or circumstance of the crime, and various other factors for sentencing as stated in the arguments at the lower court and the trial; and (b) the punishment imposed by the lower court is not heavy within the reasonable scope of discretion; and

(2) The Defendant asserts that the Defendant’s appeal may be dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that the Defendant’s appeal is without merit. However, upon examining the record, the above materials are deemed to have sufficient value as a major business asset accumulated by the victimized company.

arrow