업무상과실치상등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (ten months of imprisonment without prison labor, two years of suspended execution, and 120 hours of community service order) declared by the court below is too unreasonable.
2. The defendant's liability is heavy in light of the fact that multiple victims suffered injuries and damaged ships were destroyed by the crime of this case based on the judgment on the grounds of appeal of this case.
However, in full view of the fact that the defendant's mistake is recognized, that the inside of the time of the instant case was not well visible, that the defendant agreed to pay the agreed amount to the victim D, the owner of the vessel damaged by the accident of this case, that the defendant prevented more damage by towing the damaged vessel after the accident of this case, that the defendant did not have any criminal record except for the punishment of a fine once in around 1998, and that the defendant did not have any criminal record other than the defendant's age, character and behavior, motive and attitude of the crime, and circumstances after the crime of this case, the sentence imposed by the court below is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article
Application of Statutes
1. Article 268 of the Criminal Act, Article 189 (2) and Article 187 of the Criminal Act concerning the facts constituting the crime (a point of destruction of a ship by occupational negligence);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment without prison labor;
1. Determination of the grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances as seen in the determination of the grounds for appeal) of the suspended sentence shall be made in the same manner as the Disposition, as set forth in the judgment on the grounds for appeal.