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(영문) 울산지방법원 2013.11.15 2013노460
업무상배임
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. According to the records as to the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on June 5, 2013, but on July 1, 2013, the Defendant did not submit the statement of grounds of appeal within 20 days, which is the submission period for the statement of grounds of appeal under Article 361-3(1) of the Criminal Procedure Act, even if each of the notification of the receipt of the notification of grounds of appeal was received by the said court on July 1, 2013. There

2. As to the prosecutor’s appeal

A. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (two years of suspended sentence for eight months of imprisonment) is too uneased and unreasonable.

B. Although there are extenuating circumstances such as the Defendant’s failure to agree with the victim, the Defendant deposited KRW 10 million for the victim at the time of the trial. The Defendant did not have the same criminal history and has no criminal history for other crimes, and the actual amount of damage remaining as a result of the instant crime is KRW 37 million including interest (where considering the amount deposited as above). Considering all the sentencing conditions, such as the background leading up to the instant complaint and the instant crime and the occurrence of the crime, the Defendant’s age, character and conduct, environment, and circumstances after the crime, it is difficult to deem that the Defendant’s sentence imposed by the lower court is unreasonable, and the Prosecutor’s allegation in this part is without merit.

3. In conclusion, the defendant's appeal shall be dismissed by decision under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled as above, the defendant's appeal shall also be dismissed by decision. Since the prosecutor's appeal is groundless, it shall be dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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