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(영문) 수원지방법원 2015.07.28 2014노6611
배임
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (e.g., in a case where the property gains acquired by the Defendant from the instant crime are not good, and the damage recovery is not performed, and the Defendant’s crime of this case results in large spokes, etc., the lower court’s sentence that sentenced the probation two years in six months of imprisonment, probation, and community service order for 200 hours is too unreasonable.

2. The judgment of the court below is against the defendant's wrong, and the defendant deposited 5 million won for the victim Yangyang Life Insurance Co., Ltd. for the first time, and the crime of this case must take account of equity with the case where the judgment is concurrently judged in relation to concurrent crimes with the crime for which the judgment has become final and conclusive. In light of the motive and background of the crime of this case, circumstances before and after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior and environment as shown in the records and arguments of this case, it is not determined that the sentence of the court below is too unreasonable even considering all the circumstances alleged in the grounds for appeal

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.

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