업무상과실치상
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 2,000,000.
The above fines are imposed by the Defendants.
1. Summary of grounds for appeal;
A. The lower court’s sentence against the prosecutor’s Defendants (a fine of three million won per each) is deemed unreasonable.
B. The sentence of the lower court against the Defendants is excessively unreasonable.
2. Determination ① The Defendants caused the instant accident by lack of safety awareness in connection with the installation of the instant signboard, and the fact that the Defendants’ occupational negligence seems to have caused a serious risk of accidents, and that the victims suffered considerable injury.
On the other hand, there is no history of criminal punishment by Defendant A; Defendant B did not have the history of punishment for the same crime; Defendants deposited KRW 5 million for the victim in the original trial; Defendant A paid the victim additional KRW 8 million for the victim in the first instance trial; and Defendant A appears to have paid the victim additional KRW 8 million; and the victim expressed his/her intent to revoke the complaint against the Defendants is favorable.
③ In full view of all the circumstances, such as the background, means, results, and circumstances after the crime of this case, the lower court’s sentence is too minor.
It can not be seen, and it is judged that it is unfair because it is somewhat inappropriate.
3. In conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered based on the previous theory of change, as follows: (a) Inasmuch as the appeal by the Defendants is accepted and the judgment of the court below is reversed, the prosecutor shall not be ordered to dismiss the appeal by the main text of the Criminal Procedure Act; (b) (c) the summary of the facts constituting an offense and the evidence is the same as the corresponding column of the judgment of the court below, and thus, the summary of the facts constituting an offense and the evidence against the Defendants is the same as that of the corresponding column of the court below.