beta
(영문) 서울북부지방법원 2018.01.23 2017노1778

과실치사등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in 6 months of imprisonment without prison labor, 2 years of suspended execution, and 2 million won of fine) is deemed to be too uneasy and unfair.

2. We examine ex officio the reasons for appeal by the prosecutor ex officio before determining the reasons for appeal.

The Defendant destroyed the victim C’s room 201 and caused the death of the victim E constitutes a case where multiple crimes are committed by negligence, which continuously pressured on electric wires by plplucking, plucking, plucking, etc., by setting up a bend line and plucking, and thereby causing the death of the victim E, and thus, the crime of realization and the crime of negligence are in a common competition relationship.

The decision is judged.

Nevertheless, the court below assessed this as a substantive concurrent crime, and there is an error of law that affected the conclusion of the judgment, which affected the conclusion of the judgment, due to the difference in the scope of applicable sentences.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is again determined as follows after pleading.

[Grounds for a new judgment] From April 25, 2015, the Defendant: (a) from around April 25, 2015, placed the Victim C’s Studio 201 in Jung-gu Seoul Special Metropolitan City, which was owned by the Victim C; (b) displayed a day-type multi-use container on the wall; and (c) linked the container with multiple household appliances.

In such a case, if the electric wires of a multi-modal outlet are used plucking, plucking, etc., it can cause an excessive pressure, and there is a possibility of fire due to an excessive electric resistance that occurs in the area of a plucking, etc., the user of a multi-modal outlet shall take necessary measures, such as using the multi-modal wires in a state where they are not plucked or plucked.

Nevertheless, the defendant is the above.