업무상과실선박전복등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (five years of suspended execution for three years of imprisonment, and two hundred hours of community service) is too unhued and unreasonable.
2. The instant crime is an unfavorable circumstance where: (a) four seafarers were killed and three persons were injured due to the sinking of the ship by occupational negligence of the Defendant, who is the captain; and (b) there is no agreement with the bereaved family of the victims who died until this Court.
However, the evidence duly adopted and examined by the court below alone that it is difficult to see that the defendant's negligence is serious, that the defendant's mistake is recognized, that the defendant deposited 7 million won to the bereaved family of the victims who died in the court below and in this court, that the surviving victims want to take the preference against the defendant, that considerable insurance money is paid to the victims since the ship of this case is covered by insurance, that there is no criminal conviction or suspended execution for the defendant, and that there is a favorable circumstance that the defendant has committed the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, and that the prosecutor's argument is not reasonable, since it is not recognized that the sentence of the court below is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.