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(영문) 수원지방법원 2018.04.06 2018노1290
업무상배임
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The crime of this case is not good in light of its nature and method, and the defendants' damages caused by the crime of this case were actually realized.

In addition, Defendant A committed the instant crime in the status of a person who administers another’s business, and Defendant B first requested Defendant A to stop the instant crime, etc., which is disadvantageous to the Defendants.

On the other hand, the defendants are fully aware of the crimes of this case and are against their mistakes when they were in the first instance trial. In addition, the fact that the defendants did not want the punishment of the defendants by mutual consent with the victim E representative director F, victim G and the victim G, and that there is no record of punishment exceeding the same kind and fine to the defendants are favorable to the defendants.

In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as the Defendants’ age, sex, family relation, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is unlimited and deemed unfair.

Therefore, the above assertion by the Defendants is justified.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 356, 355(2), (1), and 30 of the Criminal Act; Articles 356, 355(2), (1), and (30 of the Criminal Act; Articles 356, 355(2), 355(1), and 30 of the Criminal Act (hereinafter “Defendant”)

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