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(영문) 인천지방법원 2016.03.30 2015노4857

업무상과실치사등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing)’s punishment sentenced by the lower court (a three-year imprisonment and a fine of KRW 1,00,000) is too unreasonable.

B. Defendant B (unfair sentencing)’s punishment sentenced by the lower court (one year of imprisonment and fine of 1,00,000 won) is too unreasonable.

(c)

Defendant

E/F (misunderstanding of facts) Defendant F employs Defendant E as a worker for the daily work of AE Co., Ltd. (hereinafter “AE”), and pays daily allowances, Defendant F is the Corporation for the Extension of Electric Capacity to the Head of the Campping (hereinafter “instant Corporation”).

(E) The construction of this case is not executed by Defendant E with the use of the trade name of the AE.

Nevertheless, the court below found the Defendants guilty of violating the Electrical Construction Business Act, and the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. Determination

A. As to Defendant A’s wrongful assertion of sentencing, Defendant A denied the entirety of the crimes at the original instance court, and even though there was no change of objective circumstances to consider the sentencing after the original judgment, there is no change of objective circumstances to be considered. In light of the sentencing conditions indicated in the records and arguments of this case and the sentencing of the original judgment compared with the circumstances asserted by the said Defendant on the grounds of appeal, the sentence of the lower court is too unreasonable, even if considering the circumstances asserted by the said Defendant on the grounds of appeal.

B. As to Defendant B’s wrongful assertion of sentencing, Defendant B paid KRW 6 million to the bereaved family members of the victim’s network S as part of the damages, and paid KRW 9 million to the bereaved family members of the victim’s network P as part of the damages, etc. However, the instant crime was attributable to the failure to manage the camping site and the response to the occurrence of safety accidents, and the degree of negligence is considerably significant, and due to the instant crime.