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(영문) 부산지방법원 2018.06.21 2018노364

업무상과실치상

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The lower court’s sentence (1,000,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case, based on the judgment, is found to be disadvantageous to the defendant, such as that the defendant suffered injury to the victim by negligence, who is an employee, by failing to conduct safety education, and that the criminal liability is grave in light of the content of the crime, and that the degree of injury to the victim is not minor.

However, when the defendant led to the confession of the crime of this case in the trial of the party, the defendant made a decision to recommend the settlement that the defendant pay damages of KRW 25 million to the victim in the related civil procedure becomes final and conclusive, and deposit approximately KRW 25 million (including delayed damages) to the victim, and taking into account all other circumstances, which form the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the court below's punishment against the defendant is too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The summary of the evidence” column is as follows: “1. The Defendant’s trial testimony at the court below is identical to the corresponding column of the lower court’s judgment, except for adding B.” Thus, it is citing it as it is by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 268 of the Criminal Act and Articles 268 and 30 of the Criminal Act and the choice of fines concerning the crime;

1. Penalty fine of 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59 (1) of the Criminal Act ( normal consideration in favor of the defendant as seen earlier);