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(영문) 서울서부지방법원 2018.08.23 2018노171
업무상배임등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court found the Defendant not guilty on the charge of occupational breach of trust in the part of the 117th portion of each year, and found the Defendant guilty on the remainder of the charges. The Defendant and the Prosecutor appealed only on the guilty part.

Accordingly, the verdict of innocence that the defendant and the prosecutor did not appeal is final and conclusive, and the verdict of innocence as well as the verdict of conviction based on the indivisible principle of appeal was transferred to the trial. However, this part was already exempted from the object of attack and defense between the parties and was virtually separated from the object of trial.

Therefore, the scope of the judgment of this court is limited to the above conviction, and the above acquittal part of the reasons shall be subject to the conclusion of the judgment of the court below, and it shall not be judged separately.

2. Summary of reasons for appeal;

A. The sentence of the lower court against the Defendant (one year and six months of imprisonment, three years of suspended execution, confiscation, 120 hours of community service) is too unreasonable.

B. The above sentence against the Defendant is too uneasible and unfair.

3. The act of infringing on business secrets requires strict punishment as it impedes fair and free competition among the companies and causes significant economic damage to the victims who invested in research and development for a considerable period of time. The instant crime is not good in light of the status of the defendant who was an executive of the victim, the method of crime and the degree of damage, and in particular, the defendant instigated another person to leave the evidence to commit the crime.

However, when the defendant was in the first instance, the defendant appears to have led to the confession and reflect of the crime of this case, and the victim's secret was actually leaked to cause damage.

The defendant's age, sex, environment, family relationship, motive, method, and consequence, etc. are favorable or unfavorable to the defendant, such as the defendant's absence of any criminal record of the same kind.

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