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(영문) 대구지방법원 2016.10.19 2016노3038
업무상배임
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. It is recognized that the defendant's mistake is divided, and there is no past record of punishment heavier than the fine.

However, in light of the form, method, frequency, etc. of the instant crime, the nature of the crime is bad, the amount of damage was not recovered from the name of 21 million won, the damage was not agreed with the victim, there was no change of circumstances that may otherwise determine the age, character and conduct, environment, motive, means and consequence of the instant crime, etc., and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Sentencing Committee, considering the following factors: (a) the lower court’s punishment is too unreasonable, considering the following factors: (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (c) the Defendant’s age, character and environment;

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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