업무상과실치상
The prosecutor's appeal is dismissed.
1. In view of the fact that the victim suffered serious injury by the 8 weeks old due to a mistake in the safety management of the defendant in the gist of the grounds for appeal, but no agreement has yet been reached with the victim, the sentence of the court below (a fine of KRW 5 million) is too unfeasible and unfair.
2. We examine the judgment on the grounds of appeal. The above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the following factors: (a) the Defendant did not have any specific penalty power except for a minor one fine; (b) the Defendant committed the instant crime; and (c) the victim’s negligence seems to have a significant impact on the occurrence of the instant accident; and (d) the Defendant’s negligence appears to have exceeded the reasonable scope of discretion by putting the sentencing of the court below so far as the sentencing of the court below is too uneased.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.