업무상과실치사등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor and two years of suspended execution) is too unfluent and unfair.
2. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances of the Defendant.
In addition, the defendant made efforts to recover damage by depositing approximately KRW 196 million for the bereaved family members of the victim C in the trial.
In addition, in full view of all other circumstances that serve as the condition for sentencing in this court, including the Defendant’s age, character and conduct, background and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is appropriate and is not recognized to have exceeded the reasonable scope of discretion, or to have maintained the judgment of the lower court as it is (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Accordingly, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.