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(영문) 창원지방법원 2015.04.23 2014노2958
배임증재
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (a fine of KRW 5 million is imposed on the Defendants: a fine of KRW 5 million; and a fine of KRW 3 million) declared by the lower court on the Defendants is too uneasible.

2. Defendant B made an illegal solicitation and offered a total of KRW 17,100,000 in total over 20 times, and Defendant C also offered a total of KRW 11,80,000,00 on four occasions, etc. In addition, even though the solicitation is related to the interest of the shipping company, it is recognized that there is a need for punishment as there is social rippleity, but the Defendants are against the mistake while committing the crime; the Defendants are first offenders; the Defendants committed the instant crime in order to maintain the relationship with the FF limited liability company; the Defendants committed the instant crime in full view of the various circumstances, such as the Defendant’s age, environment, character and conduct, motive for the crime, circumstances before and after the crime, etc., and the sentencing conditions specified in the instant records and arguments, it is not recognized that the sentence of the lower court is unreasonable.

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

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