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(영문) 서울고등법원 2018.04.06 2017노3654
배임증재등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. Determination

A. The lower court, under the favorable circumstances, determined a fine of KRW 5 million against the Defendant by taking into account the following factors: (a) the Defendant, under investigation process, prepared a document stating “the Guidelines for Police Investigations” in relation to the crime, such as breach of trust against the F, and spread the same to the victims who were investigated in relation to the F, thereby reducing most of the criminal acts in the investigative agency and inducing them to make a statement or make a false statement; (b) the Defendant appears to have caused the instant crime by taking into account the erroneous practices so far; (c) the Defendant seems to have had no record of criminal punishment; and (d) the Defendant’s age, environment, family relations, and circumstances after the crime.

B. The lower court’s sentencing appears to have been determined in full view of the aforementioned various sentencing data, and there is no change in circumstances that may be assessed differently from the sentencing conditions of the lower court up to the first instance trial, and in full view of all the sentencing factors as indicated in the instant pleadings, including the Defendant’s age, social experience, degree of social experience, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment against the Defendant is too uneasible and unreasonable.

The prosecutor's improper argument in sentencing is without merit.

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

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