업무상과실치사
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The defendant asserts that, with respect to the summary of the grounds for appeal (unfair sentencing), the punishment of the court below (the imprisonment without prison labor for August, the suspension of the execution of two years, the community service order) is too unreasonable, and the prosecutor is too unhued and unfair.
2. The crime of this case in light of the fact that the defendant, the outside of D and the exaggeration of the crime of this case, caused the victim's death by negligence in the course of conducting a gate-saving operation against the victim, and that the crime of this case is not less than that of the crime, and that the crime of this case caused the victim's death by the crime of this case, it is necessary to strictly punish the defendant.
However, on the other hand, the defendant recognized the crime of this case and reflects the mistake in depth, there is no past record of criminal punishment or criminal punishment heavier than the fine for the same crime, and the defendant has been serving for the first time in the trial.
D In full view of the fact that the victim's bereaved family members paid the full amount of damages ordered in the relevant civil procedure, the defendant deposited a total of KRW 60 million for the victim's bereaved family members, and other various sentencing conditions as shown in the records and arguments in the instant case, such as the background of the instant crime, the defendant's age, sexual conduct, environment, etc., the court below's punishment is too unreasonable. Thus, the defendant's improper assertion of sentencing is justified, and the prosecutor's improper assertion of sentencing is without merit.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, it is also accepted by Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 268 of the Criminal Act applicable to the crimes and Article 268 of the Selection of Punishment Act;
1. Attraction of a workhouse;