A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 180 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant did not sufficiently assign underwater safety personnel; the Defendant did not fully install safety devices in underwater and underwater areas; and the Defendant’s negligence, the representative of water-related leisure facilities, did not have much on the occurrence of the instant accident, such as drinking alcohol and neglecting visitors entering water play facilities.

The result of the victim's death is also significant.

On the other hand, although the defendant argued the facts charged in the court below, it shows the attitude of recognizing all the facts charged and opposing it.

The victim was under the influence of alcohol at the time of the accident and the water play in the state of lack of water surface.

It seems that the victim was negligent in the occurrence of the accident even if he was involved in the accident.

In the process of civil procedure with the victim's bereaved family members, the victim's bereaved family members do not want to punish the defendant.

After the accident, it seems that it is trying to prevent accidents, such as termination of the sales of alcoholic beverages at the facility, strengthening education of safety personnel, etc.

The defendant also resigned from the office of representative director of the water-related leisure facility in which the case occurred.

In addition to the punishment of a fine due to drinking driving in 2007, there is no criminal record for a defendant.

In addition, considering the defendant's age, living environment, motive and background of the crime, circumstances after the crime, relationship with the victim, criminal records, and the sentencing guidelines of the following Supreme Court, the sentence of the court below is somewhat inappropriate.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

O's standard for suspension of sentence of negligent crime [Unlawful major reasons for the suspension of execution] has occurred.