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(영문) 서울동부지방법원 2015.07.29 2015노270

업무상과실치상

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendant (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. The instant crime was found to have been committed by the Defendant’s negligence, and the result of the instant crime was found to have resulted in the Defendant’s chronic dyscule by generating chronic dysule, etc., which led to the Defendant’s occurrence of chronic dysule.

However, in full view of the following circumstances: (a) the Defendant was committed by himself/herself, and the Defendant was committed by himself/herself; (b) the Defendant was committed by himself/herself; (c) the Defendant was committed by himself/herself; (d) there was no criminal history of the same kind; and (e) there was no history of punishment heavier than that of the suspension of execution; (d) the Defendant faithfully worked as a father/child for a long time; and (e) other circumstances that are conditions for sentencing, such as the Defendant’

It is rather unreasonable rather than that.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Discied Judgment] The criminal facts as stated by the court and the summary of the evidence are the same as that stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Acts and Articles 268 (Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;