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(영문) 대구지방법원 2016.12.15 2016노3949
배임등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the prosecution as to the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act against the workers listed in the attached Table 1 through 6, 8, and 11, and convicted the remainder of the facts charged. The Defendant appealed only for the aforementioned guilty part, and the dismissal of the public prosecution was separately and finalized.

Therefore, the scope of this court's adjudication is limited to the remaining part of the judgment below except the above dismissal of prosecution.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court is too unreasonable.

3. In the judgment of the defendant when it comes to the trial, all of the crimes of this case are recognized and against his mistake. The defendant is the primary offender who had no record of criminal punishment prior to each of the crimes of this case. The defendant's assertion as to the motive of each of the crimes of this case is highly persuasive, and some of the proceeds from the sale of this case are paid to the creditors.

On the other hand, the defendant's damage amount due to each of the crimes of this case is considerable, and the defendant did not agree with the victims of each of the crime of breach of trust and embezzlement of this case and the victims of each of the crimes of violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, and did not complete the recovery of damage.

As a result of the application of the sentencing guidelines by the Sentencing Commission, the first-class crime [the decision on the type] of embezzlement and breach of trust [the decision on the recommended field] The basic area [the scope of recommending sentencing] 1 to 5 years / [the scope of recommending sentencing] 1 to 5 years : the second-class increase in the type 2 crime [the decision on the type] / the second-class increase in the type of embezzlement and breach of trust [the decision on the recommended field] / [the decision on the recommended field] basic area / [the scope of recommending field].

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