업무상과실치상
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.
2. The circumstances are the following: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the Defendant’s investment in the wind with one customer’s body, which may be considered in the course of the occurrence of an accident; (c) the fact that there are circumstances in which damage can be recovered to some extent through industrial accident compensation insurance; and (d) the fact that the Defendant has no criminal record is favorable to the Defendant.
However, the crime of this case was committed on the wind that the defendant could have sufficiently predicted the occurrence of an accident in the process of taking the customers, and the defendant did not take measures such as securing sufficient space in advance. As such, the crime of this case was committed with severe images taken by two victims, in light of the contents of the crime, the defendant's negligence, and the degree of injury suffered by the victims, etc.
In addition, the victims have to be punished for the defendant because they did not compensate for any damage, so there is no serious responsibility for the defendant.
In addition to these circumstances, comprehensively taking account of various sentencing conditions as shown in the records and arguments, such as the age, sex, environment, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.