(영문) 청주지방법원 2017.05.11 2016노111 | 리걸엔진

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(영문) 청주지방법원 2017.05.11 2016노111

업무상배임등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor of one year and six months, and by a fine of one thousand five hundred,00 won.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant A of the Prosecutor (one year and two months of imprisonment, three years of probation, two years of probation observation, two years of community service work, 240 hours) is too uneased and unreasonable.

B. Defendant B’s punishment (an amount of KRW 3 million) by the lower court is too unreasonable.

2. Determination

A. As to Defendant A’s ex officio judgment on the charge of occupational breach of trust among the facts charged in the instant case against the Defendant at the trial of the Party, Defendant A changed “from February 2, 2013 to October 2, 2014” from February 2, 2013 to “from February 2, 2015,” and Defendant continued to acquire, from October 16, 2014 to February 2, 2015, “R”, “S”, “T”, and “T”, from February 2, 2015 to February 2, 2015, KRW 30,000, total amount of KRW 54,183,50,000, 500, 500, 500, 50, 201, 205, 197, 1905, 205, 197, 2015, 197, 2010.

“The person who filed an application to amend a bill of amendment was added to the content, and this court permitted the application, and the subject of the judgment was changed.

In this regard, the lower court sentenced the Defendant to a single punishment for the crime of this part and larceny, so the part of the lower judgment against the Defendant was no longer maintained.

B. The circumstances favorable to the Defendant regarding Defendant B’s wrongful assertion of sentencing are as follows.

The thief damage was returned to the victim company, and the defendant paid KRW 1,091,030 to the victim company and agreed that the victim company would be able to pay the thief.

The Defendant recognized the instant crime and runs against the Defendant.

The defendant is an elementary offender who has no record of criminal punishment.

The age of the defendant, as well as the above circumstances.

유사 판례

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-수원지방법원 성남지원 2018.10.25 2018고정870

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