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(영문) 수원지방법원 2015.06.16 2014노7568
업무상배임
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s grounds of appeal in light of the following: (a) the instant crime was committed in breach of trust over several times for a considerable period of time by the Defendant; (b) the pecuniary profit acquired by the Defendant is about KRW 32,50,000; and (c) the damage recovery was not properly performed; and (d) the lower court’s sentence that sentenced the community service order for two years and 120 hours during the period of imprisonment for eight months is too uneasible and unreasonable.

2. In light of the motive and background of the instant crime, the circumstance before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and conduct, and the environment, the lower court’s sentence is not deemed unreasonable, even if all of the circumstances alleged in the grounds for appeal are considered, given that there is no reason to believe that the said assertion is unreasonable, since there is no reason to believe that, inasmuch as there is no grounds for appeal, the aforementioned circumstances are considered in light of 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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