업무상과실치상
All appeals by the Defendants are dismissed.
1. The sentence (6 months of imprisonment without prison labor, 2 years of suspended execution) declared by the court below in the summary of the grounds for appeal is too unreasonable.
2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). After the lower judgment, the victim and the Defendant B prepared and submitted a “written request for payment according to an agreement,” stating that “The victim shall receive and agree to receive KRW 104,80,000 from K Co., Ltd. as compensation for damages from Defendant B’s agent K Co., Ltd.”
However, considering the conditions of sentencing and the reasons for sentencing indicated in the instant records and pleadings, even if the Defendants consider all the circumstances asserted as the grounds for appeal, the lower court’s sentence cannot be deemed unreasonable.
All of the defendants' arguments are rejected.
3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the Defendants are dismissed. It is so decided as per Disposition.