업무상과실치사
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for a period of one and half years.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Sentencing sentencing on the gist of reasons for appeal
2. The lower court determined a sentence by taking into account the favorable circumstances in which the victim died and thereby his/her ability to commit a crime is gravely unfavorable, the confession and reflect of the crime, and his/her endeavor to recover from damage.
The defendant deposited the victim's bereaved family members in the court below's 10 million won in the future and continued efforts to recover damage, and the victim's bereaved family members submitted a written agreement that the victim's bereaved family members are not subject to punishment by agreement with the defendant in the court of the first instance. The defendant's membership in E (M) before seven years, and seems to have faithfully performed his duties without any specific negligence or accident during that period. In full view of the sentencing conditions such as the fact that the defendant's delayed disability 5 years, the defendant's age, sex behavior, relationship with the victim, and circumstances after the crime, the first deliberation sentencing condition was changed in the court of the first instance, and the sentence of the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;
1. The following circumstances are considered prior to the reason for sentencing under Article 62(1) of the Criminal Act: