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The judgment of the court below is reversed.
Defendant
A Imprisonment with labor of one year and six months, Defendant B's imprisonment with labor of one year and two months, and Defendant C.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and six months of imprisonment, one year and two months of imprisonment, ten months of imprisonment, two years of suspended sentence, two years of suspended execution, and 120 hours of community service) is too unreasonable.
B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.
2. The judgment of Defendant A and Defendant B removed, without permission, the equipment design drawings, drawings, files, etc., the main business assets of the victimized company, and the Defendants sent the design drawings, which were taken out without permission, to the F head office, the competitor of the victimized company, thereby causing enormous risk of property damage to the victimized company.
Since the defendants committed not only the victimized company but also the act that could undermine the industrial competitiveness of the nation by divulging the trade secrets of the victimized company abroad, the crime is very poor.
However, in the past, the Defendants recognized all the crimes of this case, and reflects their mistakes, and the victimized company did not want the punishment of the Defendants by mutual agreement with the victimized company.
In addition, because F has failed to produce equipment similar to the cutting equipment of the damaged company, it seems that there is still no substantial damage to the damaged company.
Defendant
A and Defendant B have no other criminal records, and Defendant C has no criminal records exceeding the same criminal records and fines.
In addition, considering the circumstances of the instant crime, the circumstances after the instant crime, the Defendants’ age, character and conduct, environment, etc., as a whole, various sentencing conditions as shown in the records and arguments, etc., the prosecutor’s assertion is without merit, and the Defendants’ assertion is without merit.
3. Although the prosecutor’s appeal is without merit, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the defendants’ appeal is with merit.