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(영문) 대법원 2018.12.27 2018도16349

업무상과실치사등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the court below was just in finding the Defendant guilty of the instant facts charged on the grounds as stated in its reasoning, and there was no error by misapprehending the legal principles on occupational and practical negligence, as alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the ground that the judgment of the court below affected the judgment or that the amount of the punishment is extremely unreasonable.

In this case where a more minor sentence has been imposed on the defendant, the argument that the court below erred by misapprehending the basic facts of sentencing or did not properly examine the circumstances which are the conditions of sentencing cannot be a legitimate ground for appeal.

B. In light of the evidence duly admitted by A, at the time of the instant accident, there was a sloping bridge in front of the emergency door installed on the second floor of the building at the time of the instant accident, but only the indication that a sloping bridge was installed was attached to another emergency door leading to the inside of a singing practice room, and there was no indication of the location and method of use of the shot bridge installed, and thus the user did not know the location and method of use of the shot bridge installed, and there is a risk of misunderstanding and behavior that the shot bridge was installed on the outside of the emergency door safely and firmly.

The judgment of the court below can be understood as pointing this out, and even if there are parts different from those of the judgment, it is difficult to view it as a mistake affecting the judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.