업무상과실폭발성물건파열등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment without prison labor for ten months, and by imprisonment without prison labor for eight months, respectively.
except that this shall not apply.
1. The summary of the grounds for appeal is unreasonable because it is too unreasonable to punish the Defendants (Defendant A: 10 months of imprisonment without prison labor, and Defendant B: 8 months of imprisonment without prison labor).
2. In the instant case, the Defendants’ degree of negligence is minor.
It is recognized that the victims' injuries are very significant, and victims are suffering from considerable physical and mental sufferings due to the accident in this case, and the victims are receiving long-term medical treatment and continuing to pay medical expenses, etc.
However, in light of the fact that the Defendants recognized the crime of this case and against the Defendant, the Defendants agreed with the victim, the victims did not want to be punished against the Defendants, and there was no record of punishment for the same kind of crime to Defendant A, and Defendant B considered the first offender, the Defendants’ age, sexual conduct, environment, background and consequence of the crime of this case, and other factors of sentencing as indicated in the records and changes theory, such as the circumstances after the crime, it is acknowledged that the lower court’s punishment against the Defendants is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts constituting an offense and the gist of the evidence admitted by this court is as follows: (a) except for the alteration of “1. Defendant’s legal statement” to “each of the Defendants’ respective statutory statements” in the summary of the evidence of the lower judgment, the same is identical to each of the relevant columns of the lower judgment; and (b) citing them pursuant to Article 369
Application of Statutes
1. Relevant legal provisions and the Defendants who choose the punishment for the crime: Articles 173-2(2) and (1), 172(1), and 30 (a) of the Criminal Act; Articles 268 and 30 of the Criminal Act (a point in the line of duty and of negligence)
1. Commercial concurrence;