업무상과실치상
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for one year.
However, the period of three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment without prison labor for six months, the suspension of the execution of two years, and the community service order for 80 hours) is too uneasy and unreasonable.
2. Before making a judgment on the grounds of ex officio appeal, the prosecutor examined the last sentence of the facts charged in the instant case ex officio, and at the trial of the public prosecutor, the Defendant suffered injury, such as double frames that require approximately six weeks of treatment by occupational negligence as above.
In “In doing so, the Defendant suffered injury to the victim, such as her fry, brain death, etc. after the injury that requires at least three years of medical treatment due to such occupational negligence.”
“Application for Amendments to Bill of Indictment was filed,” and this Court permitted it, and the judgment of the court below cannot be maintained any longer due to changes in the subject of the judgment.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows after pleading.
【The grounds for the judgment which was used again] Criminal facts and summary of evidence against the defendant recognized by the court, and summary of evidence, are the last sentence of the crime in the judgment below. The defendant suffered injury, such as salmatization or cerebral typology, etc. from the victim due to the above occupational negligence for at least three years.
“The Defendant’s legal statement” as “the Defendant’s partial statement” in the first instance of the summary of the evidence, and as “the Defendant’s legal statement” in the fourth instance of the summary of the evidence, except for adding “general opinion, disability grade decision, and subsequent disability diagnosis document” to “the Defendant’s legal statement”, it is identical to each corresponding column of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;
1. Suspension of execution;