업무상과실치사
All appeals filed by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. (1) The sentence of Defendant A (2 years of suspended execution in June of imprisonment without prison labor) is too unreasonable.
B. The sentence of the lower court (two years of suspended execution in April of the imprisonment without prison labor) is too unreasonable.
B. The Prosecutor (in respect of the Defendants)’ sentence is too unhued and unreasonable.
2. Determination:
A. When Defendant A was in the trial of the case, the Defendant recognized the instant crime and divided his mistake, and the instant accident basically resulted from the extreme choice of the victim as suicide. The medical care center of this case subscribed to the liability insurance, and thus the victim’s bereaved family members were paid compensation for losses arising from the decision of recommending settlement in civil cases regarding the instant accident, the Defendant deposited KRW 20 million at the court below for the victim’s bereaved family together with B, and the Defendant did not have any record of punishment for the same crime as the instant case or of punishment for suspension of execution or heavier punishment.
However, the accident of this case occurred only when the victim was admitted to the medical center of this case, the degree of violation of the duty of care of the defendant who did not prevent it in the course of the victim's suicide is not less severe, and the result of the victim's death occurred, the victim's bereaved family members want to punish the defendant because he did not accept the reflection of the defendant, and other various circumstances, such as the defendant's age, sexual behavior, environment, relationship with the victim, the result of the crime of this case, the circumstances after the crime, etc., are considered, and the judgment of the court below which selected the suspension of the execution of imprisonment without prison labor, are recognized to be appropriate, and it cannot be deemed unfair because it is too heavy or unfeasible.
B. Defendant B recognized the instant crime in the first instance.