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(영문) 춘천지방법원 2013.07.17 2013노103
업무상배임
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (4 years of suspended execution for three years of imprisonment, 300 hours of community service order) of the lower court is too unhued and unreasonable.

B. The sentence of the lower court is too unreasonable.

2. We examine the judgment. The crime of this case committed occupational breach of trust equivalent to approximately 815,720,00 won in total over five years, and in light of its content, the crime of this case was committed occupational breach of trust, and there is no record of criminal punishment for the same kind of crime, and there is no record of criminal punishment exceeding the fine, and there is no record of criminal punishment for the defendant. The defendant committed the crime late in the trial, and there is a depth of the mistake when she committed all the crimes, including favorable circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court below is appropriate, and each of the above arguments by the prosecutor and the defendant is without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, Article 25 (1) of the Rules on Criminal Procedure, "the pertinent Article of the Act on the Criminal Crime of 1.1." of the 6th sentence shall be added to "the choice of a person and a sentence", and "Articles 356 and 355 (1) of the Criminal Act" of the 14th sentence shall be amended to "Articles 356 and 355 (1) of the Criminal Act".

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