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(영문) 서울고등법원 2013.08.23 2013노1566
배임수재
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below (the penalty of 10 months in imprisonment and 30 million won in penalty) is too unreasonable.

2. Determination is an unfavorable circumstance to the Defendant on the following grounds: (a) the Defendant’s receipt of money and other valuables in exchange for an illegal solicitation in relation to the selection of a person with a sports speciality in the camping-gu college by taking advantage of the status of the supervisor of the camping-gu college; and (b) infringement of fairness in the selection of a person with a sports speciality in the university and social trust thereon; and (c) a large amount of money that

On the other hand, taking into account the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant did not have any criminal record; (c) the Defendant returned KRW 30 million received from G through G to I; (d) the Defendant did not actively demand the said money and valuables to G or I; and (e) used the said money and valuables as expenses related to the camping room while keeping them in the camping room; and (e) the circumstances in which the Defendant prepared for the return of the said money and valuables appear to appear to be favorable to the Defendant; and (e) other circumstances shown in the argument in the instant case, comprehensively taking into account the Defendant’s age, character and behavior, environment, background of the instant crime, circumstances after the instant crime; and (e) the sentence imposed by the lower court is too unreasonable.

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is based on its reasoning, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court concerning the instant case is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 357 (1) of the Criminal Act applicable to the crimes and Article 357 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Collection under Article 357 of the Criminal Act;

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