업무상과실치사등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (the imprisonment without prison labor for a period of two years and six months, the suspension of execution for three years, and the community service order of 120 hours) is deemed to be too uneasible and unreasonable.
2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
Unless there exist such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). In most cases, the circumstances alleged by the prosecutor as an unfavorable factor in sentencing in the trial at the trial of the lower court were revealed in the hearing of the lower court, and there is no other unfavorable changes in circumstances relating to the matters subject to sentencing after the sentence of the lower judgment was made.
The defendant's failure to fulfill his/her duty of care to prevent safety accidents while supervising the bicycle competition, resulting in a serious result that the victim K is unable to take care of death, other than that, the victim L, etc. has been significantly injured, and the fact that there has been no agreement with the victim L, etc. is disadvantageous to the defendant.
On the other hand, the defendant recognized his mistake as a whole, and is in depth divided.