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(영문) 전주지방법원 2016.03.31 2015노1414
업무상배임등
Text

The judgment below

Part concerning the crime Nos. 1 and 2 of the judgment shall be reversed.

A fine for the crimes No. 1 and No. 2 in the judgment of the defendant 5.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s punishment (two months of imprisonment with prison labor for crimes Nos. 1 and 2 as indicated in the lower judgment and six months of imprisonment with prison labor for crimes No. 3 and 4 as indicated in the lower judgment).

2. Determination

A. There are circumstances, such as that the amount of damage caused by the crime Nos. 1 and 2 of the judgment of the court below as to the crime No. 1 and 2 of the judgment of the court below is not less than KRW 19 million, and C of the actual injured person wishes to be punished by severe punishment against the defendant.

However, considering the fact that the defendant recognized the crime of this case, the defendant made efforts to recover damage, such as deposit of KRW 7 million for C in the trial of the party, and the fact that the crime of forging a private document, which became final and conclusive, could have been adjudicated at the same time, the punishment sentenced to the crimes of Articles 1 and 2 in the judgment of the court below is somewhat unreasonable, and thus, this part of the defendant's assertion is reasonable.

B. As to the crimes Nos. 3 and 4 of the judgment of the court below, there are circumstances such as that the defendant could have been adjudicated simultaneously with the crimes Nos. 3 and 4 of the judgment of the court below, which became final and conclusive.

However, in full view of the following circumstances: (a) the Defendant’s blood alcohol concentration was considerably high at the time of driving the instant drinking alcohol; (b) the Defendant repeatedly committed the same kind of crime despite the fact that the Defendant had been punished several times as the same crime; (c) the imprisonment for six months sentenced by the lower court was the lower limit of the applicable sentences; and (d) the Defendant’s age, sex, occupation and environment, motive, means and consequence of the crime; and (e) other circumstances that are the conditions for the instant sentencing, such as the Defendant’s age, sex, occupation and environment, motive, means and consequence of the crime, etc., the Defendant’s sentence imposed by

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows, and the judgment of the court below is among the judgment below.

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