업무상과실치상
The judgment below
The guilty part shall be reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
except that from the date of this judgment.
1. Of the facts charged in the instant case, the lower court rendered a conviction on the injury caused by occupational negligence, and rendered a judgment of innocence on the violation of the Construction Machinery Management Act, and only the Defendant appealed on the conviction portion.
Therefore, since the judgment of the court below became final and conclusive on the part of acquittal for which the prosecutor and the defendant did not appeal, the judgment of the court is limited to the guilty part of the
2. The main point of the grounds for appeal is that of the lower court’s punishment (10 months without prison labor) is too unreasonable.
3. The judgment of the court below is an unfavorable circumstance in sentencing, such as the fact that the degree of injury suffered by the victim is grave due to the accident in this case, and that the defendant was unable to reach an agreement with the victim even until the trial is the case. However, the defendant recognized the crime in this case and reflects it, the defendant's negligence on the part of the victim listed above the vehicle without any safety device was the cause of the accident in this case, and the defendant deposited 5 million won for the victim and repaid 35 million won for the insurance money paid by the insurance company of the victim to the victim. In full view of all the circumstances, including the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, and circumstances after the crime, etc., the sentence against the defendant in this case is too unreasonable. Thus, the defendant's assertion is justified.
4. As such, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.
The facts constituting the crime and the summary of the evidence recognized by this court are identical to the facts stated in each corresponding column of the judgment of the court below, except for the addition of “1.1. Defendant’s oral statement” to the summary of the evidence.