업무상과실치상
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The sentence (six months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case committed by the Defendant, while the Defendant was carrying the frozen tower and cargo partitions with the victim, was committed by the Defendant, while the Defendant was working in the freezing tower, and the Defendant was forced to leave the freezing engine in the state of not getting out of the freezing tower, and the wire rope was cut down on the floor, resulting in the Defendant’s injury, such as the full number of water damage and the paralysis on both sides, and the degree of damage, etc. In light of the Defendant’s breach of duty of care and the degree of damage, it is necessary to strictly punish the Defendant on account of the nature of the crime.
However, in light of the fact that the defendant led to the crime of this case and made the mistake against the defendant, that the victim did not want the punishment of the defendant by mutual consent with the victim when the defendant was in a trial, that the period of the excavation of this case is covered by the comprehensive insurance, that the defendant has no record of criminal punishment for the same kind of crime, and that all the sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, family environment, the court below's punishment is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);