업무상과실치사
The defendant's appeal is dismissed.
The costs of the original judgment and the trial shall be borne by the defendant.
1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original judgment (two years of suspended sentence of imprisonment without prison labor for ten months) is too unreasonable.
2. Although safety measures should be taken at the construction site at the construction site, it is sufficiently recognized by the prosecutor, including the testimony of the majority of the witnesses, that not only A is responsible for negligence but also the defendant.
The defendant, while denying until the court below, recognized the crime by the first instance court, does not seem to be contrary to the petition.
However, there is no criminal history exceeding the fine against the defendant, and the owner A deposited 20 million won to his/her bereaved family.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.
3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.
In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is right that the defendant bears the cost of lawsuit at the original instance and the party’s deliberation.
If an appeal is dismissed against a judgment of the court below which did not state any information on the order and reason as to the bearing of the costs of lawsuit, the appellate court may hold a trial as to the bearing of the costs of lawsuit by adding them to the costs of lawsuit of the court of first instance, and the bearing of the costs of lawsuit is not subject to the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act (see Supreme Court Decision 2009Do12840, Dec. 24, 2009