업무상과실치사등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (one year’s imprisonment without prison labor) is too unreasonable as the gist of the grounds for appeal is too unreasonable.
2. In light of the fact that the Defendant, as the captain of a towing vessel, has an occupational duty to display the lights of towing vessels and barge so that other vessels may not access close to the vessel, and that there was an approaching vessel thoroughly, and thus to prevent collision, the instant accident occurred by neglecting this duty, and that there was a serious result of the death of three persons, the Defendant may not be held liable for such failure.
However, according to the judgment of the Incheon Regional Maritime Safety Tribunal, the defendant recognized the responsibility of the accident in this case, and the negligence of the damaged ship was judged to be 40%, the defendant's user and two family members of the Korean victim agreed to pay the bereaved family compensation and not to hold the defendant liable for criminal liability, the bereaved family's bereaved family members paid the bereaved family compensation and funeral expenses, the bereaved family's bereaved family members paid the bereaved family's compensation and funeral expenses, the defendant did not have the same record prior to the crime in this case, the defendant did not have the same record prior to the crime in this case, and the equity should be considered in the case of judgment concurrently with the crime in this case. In full view of all other circumstances that form the sentencing elements in the records and arguments in this case including the defendant's age, sex, environment, family relations, the circumstances after the accident in this case, and the circumstances after the accident, etc., the punishment of the court below against the defendant is heavy.
Since the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.
【The part of the judgment which is used again】 Criminal facts and summary of the evidence recognized by the court, and summary of the evidence, are different from the judgment of the court below.