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(영문) 서울중앙지방법원 2018.09.06 2018노1191
업무상배임
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the lower court on the Defendants (a fine of three million won per fine) is too unreasonable.

2. The lower court seems to have sentenced the Defendants to a fine of KRW 3 million in full view of the circumstances unfavorable to the Defendants, including ① the Defendants’ acknowledgement of and reflect on crimes, ② the Defendants’ full recovery of damage to the victim cooperative, and ② the Defendants’ performance of funds in violation of their duties, despite the Defendants’ duty to enforce funds in accordance with the association’s articles of association and administrative work regulations, as the chief director and the general director.

In full view of the Defendants’ age, career, sex, environment, amount of excess payments, motive and background of the commission of the crime, circumstances after the commission of the crime, and the sentencing guidelines, etc. in the trial of the political party, the determination of the lower court’s sentencing exceeded the reasonable limits of discretion, even if considering the following: (a) there was no benefit of the Defendants’ personal acquisition; and (b) there was only the history of the Defendant A’s fine of different kind; and (c) there was no previous conviction for the Defendant B, the judgment of the lower court exceeded the reasonable limits of discretion.

there is a special change in circumstances that can be assessed differently from the sentencing conditions at the court below.

shall not be deemed to exist.

Therefore, the sentence of the court below cannot be considered to be proper and too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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