업무상촉탁낙태치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.
except that this judgment.
1. The decision of the court below on the gist of the grounds for appeal (the suspended sentence and the suspended sentence: one year of imprisonment and one year of suspension of qualifications) is too unfluent and unfair;
2. The prosecutor prosecuted the crime of bodily injury resulting from occupational negligence and the crime of bodily injury resulting from occupational negligence as an ordinary concurrent crime. The prosecutor's appeal is examined ex officio prior to examining the reasons for appeal by the prosecutor.
Trade concurrence refers to the case where a single act actually satisfies several elements of a crime. Legal concurrence refers to the case where a single act appears to meet the elements of several crimes in appearance, or actually constitutes only one crime. Whether a single crime or several crimes are actually one crime or not should be determined in terms of the evaluation of the elements of a crime and the legal interests and interests of the crime.
(See Supreme Court Decision 2010Do10451 Decided December 9, 2010). In addition, “business” in the crime of occupational injury or death refers to one position in human social life and continuous work. This includes not only the duty of safety consideration, but also the duty of preventing danger to human life and body, since the duty itself is dangerous.
Article 268 of the Criminal Act provides that a person who causes death or injury to another person due to occupational negligence or gross negligence shall be punished by imprisonment without prison labor for not more than five years or by a fine not exceeding 20 million won. Article 270(1) provides that a doctor, herb doctor, midwife, pharmacist, medicine doctor, or medicine shop (hereinafter collectively referred to as “doctor, etc.”) shall be punished by imprisonment with prison labor for not more than two years, and Article 270(3) of the Act provides that a person who causes injury to a female by committing a crime under paragraph (1) shall be punished by imprisonment with prison labor for not more than five years.
In light of the above legal principles, the crime of death resulting from occupational commission is committed.