[업무상과실치사상등피고사건][고집1948형,1]
Requirements for establishing a crime of abandonment
In order to establish a crime of abandonment of a corpse, it is required that a person under the legal obligation to bury the corpse, or that a person without such obligation, who has transferred the present place of the corpse to remove it without any burial according to the general public of society.
Article 161 of the Criminal Act
Supreme Court Decision 4281Du48 Decided June 8, 1948 (Article 161(1)240 of the Criminal Act, 5134 of the Criminal Act), October 19, 1956, 4289No244 of the Criminal Act (Article 122(1)174 of the Criminal Act, 4211 of the Criminal Act)
Defendant
Prosecutor and Defendant
Busan District Court (Law No. 4288.16 December 16, 288)
The prosecutor's appeal against the death or injury caused by negligence shall be dismissed.
The judgment of the court below on the abandonment of a dead body shall be reversed.
The defendant is not guilty against the abandonment of the dead body.
In the case of Non-Indicted Party 1's non-Indicted Party 2's serving in Korea on July 15, 4284 after graduation from the National School, the defendant was engaged in domestic work on his own as honorary guard on July 15, 4284, and retired from his office around August 4287 at the same time on his own for a violation of the Customs Act from members of the committee around April 4286, and was sentenced to suspension of his imprisonment for a period of 1 year and a fine of 20,000 won at the same time for imprisonment with prison labor for a period of 2 years from 40:5 p.m. (in the case of Non-Indicted Party 2's imprisonment with prison labor for a period of 8 months from the Busan District Court for a violation of the Customs Act at the same time on December 28, 428, and he was subject to suspension of his driving license for two-yearly vehicles at the same time on February 16, 208.
The facts of objection except that of the degree of injury to a private person and a private person in the facts of the judgment,
1. The statement that corresponds to the facts stated in the judgment of Non-Indicted 2 in the performance of the political party
1. The part of the trial records of the court below which corresponds to the facts in the judgment of the defendant and non-indicted 2.
1. The part of the official statement in accordance with each of the facts stated in the judgment of the court below concerning the witness's handling of the judicial police officer's affairs that can be recognized as the authenticity by the defendant's official alcohol in the court below, each of the witness's written statement against Nonindicted 6, 7, 3, 8, 9, 10, and 11
1. Matters entered in compliance with the judgment among the inspection records prepared by a judicial police officer;
1. Details of the previous record of Nonindicted Party 12 preparation by Busan District Prosecutors' Office; and
1. The fact that one vehicle seized (No. 1), one vehicle with the same body (No. 2), and two vehicle acceptances (No. 3), and the fact that the private person recognized it based on the part corresponding to the private person of Non-Indicted 4 as indicated in the judgment, among the written examination of the body of Non-Indicted 13 prepared, and the part and degree of the injury as indicated in the judgment, are recognized by the part corresponding to the private person of Non-Indicted 4 as indicated in the judgment, and the part and degree of the injury as indicated in the judgment, it is sufficient to prove that the judgment that recognized it based on the description corresponding to the part corresponding to the degree and degree of the injury of Non-Indicted 5 as indicated in the judgment,
On the other hand, the court below's decision is just because it falls under Article 268 of the Criminal Act. Since one act constitutes several crimes, the court below's decision falls under Article 268 of the Criminal Act. Accordingly, according to Articles 40 and 50 of the Criminal Act, the defendant selected a imprisonment without prison labor within the prescribed term of punishment by gross negligence against non-indicted 4 pursuant to Articles 40 and 50 of the Criminal Act, and the defendant is included in the imprisonment without prison labor for 6 months within the prescribed term of punishment, and pursuant to Article 57 (1) of the Criminal Act, 50 days are included in the imprisonment without prison labor for 50 days among the detention days before the court below's decision is made. Accordingly, the prosecutor's prosecution against this point is without merit, it is dismissed in accordance with Article 364 (2) of the Criminal Procedure Act, and since the defendant is unable to leave the body of non-indicted 4's death due to the crime, the defendant did not have an obligation to remove the body or remove the body from the present place of non-indicted.
Judges Hongnam (Presiding Judge)