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(영문) 서울고등법원 2013.07.23 2013노1806
배임수재
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Determination on the grounds for appeal

A. The decision of the court below on the gist of the grounds of appeal is unfair because the punishment imposed by the defendant (the imprisonment for nine months, additional collection of thirty million won) is too unreasonable.

B. The Defendant is highly likely to be subject to criticism in that he/she received money from the J, a mother of H, who wishes to select a sports speciality in relation to his/her duties of selecting a sports speciality in the camping division of the E University that he/she was under his/her supervision.

In addition, the amount of money received by the defendant reaches 30 million won.

Therefore, the criminal liability of the defendant is not against the law.

However, the defendant did not have to first demanded money to J, and only responded to the offer of money and valuables by J.

In addition, the Defendant appears to have used a considerable portion of the above KRW 30 million as training expenses for the E University Camp-dong Department, and returned to J the full amount of KRW 30 million around May 3, 2013.

On the other hand, the Defendant has no criminal power, and is in profoundly against his own mistake.

In addition, it has made a lot of contribution for the development of the field system while working as a national representative team supervisor, an inquiry director, etc. of the Nagoya Association.

Furthermore, the Defendant is also able to look at the circumstances of the brupted area, such as the following: (a) the Defendant’s health conditions are not good due to crush, and the wife also requires continuous nursing and protection due to depression and mathitis due to the death of the infant.

In addition, when comprehensively considering all the sentencing factors shown in the arguments, such as the age, character, conduct and environment of the defendant, the sentence of the court below is deemed unfair compared to the degree of the defendant's liability for the crime.

Defendant’s assertion is with merit.

2. The judgment of the court below is reversed on the grounds of reversal as seen earlier, and it is so decided as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by the court as stated in this Court shall be as stated in the corresponding columns of the original judgment.

Application of Statutes

1. Criminal facts;

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