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(영문) 광주지방법원 2016.04.06 2015노2379

업무상과실치사등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence to ten months of imprisonment without prison labor) is deemed to be too unhued and unfair.

2. In light of the following circumstances: (a) the fact that the victim E dies due to the instant accident, etc.; (b) the Defendant did not want to be punished by the Defendant under an agreement with the victim D or F; (c) partially deposited money for the bereaved family members of the victim E; and (d) there is no record of criminal punishment exceeding the fine; and (c) other various sentencing conditions as indicated in the instant argument, such as the background of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; and (e) the Defendant’s sexual behavior; and (e) the environment, etc., the Prosecutor’s assertion is unreasonable

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.