중과실치사등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The lower court’s punishment (one year’s imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The Defendant: (a) caused the victim E to die by gross negligence and caused the victim F to suffer bodily injury by violating the duty of care to prevent the victim from causing the victim’s life body, including a person; and (b) the damage caused by the Defendant’s instant crime is very significant.
However, in full view of all the circumstances, including the following circumstances: (a) the Defendant recognized the Defendant’s mistake as a whole and again did not prevent such mistake; (b) the lower court agreed with the victim E’s bereaved family members; and (c) reached an agreement with the victim E’s bereaved family members; and (d) the Defendant’s age, character, character, environment, motive and circumstance of the crime, means and consequence of the crime; and (b) the circumstances after the crime were committed, the lower court’s sentencing 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 on the grounds that the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act, the choice of punishment for the crime, Article 268 of the Criminal Act (the point of causing death by gross negligence or causing gross negligence) and the choice of imprisonment without prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The sentence shall be determined as ordered prior to the grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2