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(영문) 광주지방법원 2016.04.27 2016고단624

업무상과실치상

Text

The punishment of a defendant shall be determined by a credit cooperative for four months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on October 23, 2015, the Defendant harvested rice owned by the victim using the compactane in the case of the victim E (n, 78 years of age) located in Naju-si.

Defendant: (a) transferred rice contained in the said compact storage machine ton in a ton cargo vehicle in the farm where it was located; (b) transferred rice into a wn cargo vehicle; and (c) turned back the compact.

When the defendant has driven the compact satis and brought back at a speed unsatisfy, the defendant has no responsibility to pay attention to duties to safely proceed after checking whether there is an obstacle in the direction of progress by properly examining the future and the left and right.

The Defendant did not discover a victim who approach the left-hand side of the compact boomed with the number of rice boomed from the rice floor and found the victim to be the compact boomed and left-hand side of the victim's body due to the compact boomed error, and flicked the victim's left-side bridge due to the compact blick.

As a result, the Defendant entered the victim with the alley of the alley executive in the fourth part of the 4th part of the top-hand side which requires more than 10 weeks of treatment, and with the alley of the alley of the upper-hand side in the fifth part of the 5th part of the left-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to copies of medical records and medical certificates;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. An offense for which the sentencing criteria are not set;

2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the conditions of sentencing specified in the pleadings of the instant case, such as the following circumstances for four months (two years of suspended sentence) and the age, sex, environment, circumstances, circumstances of crimes, and circumstances after the commission of the relevant crime.

D. Unfavorable circumstances: The victim's left growth was cut off, and the victim's child seems to have been suffering from long-term hospitalization, and the victim's child, etc.'s child, etc. was the victim's severe punishment: upon the victim's request.