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(영문) 수원지방법원 2016.11.11 2016노3663
업무상배임
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant (five million won of a fine) is too unreasonable.

2. The judgment of the court below is recognized as the crime of this case, the mortgage in the name of the police station in the name of the police station established on the vehicle operated by the victim is cancelled, the crime of occupational breach of trust, fraud, embezzlement, etc. in the judgment of the court below is considered, but it is deemed that the defendant did not reach an agreement with the victim, the defendant has a record of punishment several times in the same crime, the defendant has reduced the amount of fine under the summary order considering the favorable circumstances above, the court below did not change any special circumstances or circumstances that can be newly considered in the sentencing after the sentence of the court below, and there are no changes in the amount of fine under the summary order, the equity in sentencing and sentencing of the same or similar cases and other circumstances that form the conditions for the sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc.

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

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