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서울동부지방법원 2013.11.08 2013노1052
업무상배임등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, occupation, and family relationship, etc., the sentence imposed by the lower court is too unreasonable, considering the following circumstances: (a) the Defendant was the first offender; (b) the Defendant was in contravention of his/her mistake; (c) the Defendant did not make any reimbursement for damage incurred due to the instant crime; and (d) the Defendant’s motive and background leading up to the instant crime; and (c) the circumstances leading up to the sentencing

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

(However, since it is apparent that " October 2012, 201" in paragraph (2) 1 of Article 2 of the Criminal Procedure Code is a clerical error in the grounds for the judgment of the court below, it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.