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(영문) 청주지방법원 2014.09.26 2014노609

업무상과실치상등

Text

The judgment below

Part concerning Defendant B and D shall be reversed.

Defendant

B and D shall be punished by imprisonment for ten months.

(b).

Reasons

1. Determination on the grounds for appeal (unfair grounds for appeal)

A. Defendant B was aware of the possibility of an accident, such as the fall of a vehicle, at the site of the construction site in which he was in progress, and the construction period is not long, resulting in an serious injury to the victim N due to negligence that neglected to take safety measures, and caused the occurrence of the accident during which the accident occurred, and the victim N still did not recover clearly, and no agreement is reached with the victims up to the trial. The crime of perjury is disadvantageous to the Defendant, such as the fact that the crime of perjury requires an appropriate exercise of the authority to exercise the jurisdiction, which is a judicial action of the State, and punishment corresponding to the crime of impairing the discovery of substantial truth.

However, in light of the following circumstances: (a) the Defendant recognized each of the crimes in this case; (b) the Defendant appears to have committed a crime for borrowing the name of the instant construction business registration for the purpose of the issuance of tax invoices under the circumstances where there were difficulties in obtaining construction contracts; (c) the confession of perjury before the judgment of the case became final and conclusive; and (d) it appears that the crime of perjury in this case was not affected by the result of the judgment of the lower court against the Defendant; (c) the victims deposited KRW 7.5 million at the lower court for the victims; (d) the Co-Defendant D deposited the amount of KRW 30 million in the lower court; (e) he deposited the amount of KRW 30 million in the first instance court; (e) there was no history of criminal punishment after being sentenced once in 203; and (e) the long-term detention of the Defendant is deemed to affect the Defendant’s family’s livelihood because the Defendant’s health is not good; and (e) taking account of various sentencing conditions indicated in the records, such as the Defendant’s age, character, family relationship, motive, motive and consequence