위험물안전관리법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year and eight months of imprisonment) is too unreasonable.
2. In light of the legislative intent of the Act on the Safety Control of Dangerous Substances to prevent the danger and injury caused by dangerous substances and to ensure public safety, it is inevitable to sentence the Defendant to a sentence, in light of the following: (a) the nature of the crime in this case is not weak; (b) the victims were killed or injured due to the Defendant’s negligence; and (c) the degree of violation of the duty of care, such as the occurrence of a large number of property damage, and the consequences therefrom
On the other hand, however, the court below's punishment against the defendant is somewhat unreasonable in light of the fact that the defendant recognized all of the crimes of this case and reflects his mistake, that the defendant was living in good faith without criminal records, that the defendant agreed with many victims including victim L and K's bereaved family members in the court below, that the above victims expressed their intention not to be punished by the defendant, and that the above victims expressed their intention that they do not want to be punished by the defendant by the agreement with the nine victims in the trial, and other various sentencing conditions in the records and arguments, including the defendant's age, family environment, circumstances after the crime, etc.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. A place other than a storage place for dangerous substances under Article 35 of the Act on the Safety Control of Dangerous Substances, Articles 35 and 5 (1) of the Act on the Safety Control of Dangerous Substances, Article 30 of the Criminal Act;