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(영문) 서울동부지방법원 2015.12.04 2015노1149

업무상과실치사등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court against the Defendants (e.g., a fine of KRW 10 million, Defendant B: a fine of KRW 5 million) is too uneased and unreasonable.

2. Although the Defendants’ negligence is not minor and the result of the death of the victim is deemed to be significant, in full view of the following circumstances: (a) the Defendants were committed against all and wrongs; (b) the victims’ bereaved family members and their bereaved family members agreed smoothly with each other; (c) there was no same criminal power to Defendant A; and (d) there was no history of punishment more than suspended execution; (d) the victims who predicted the risks from the remaining air compression in the pipe pipe, but are not responsible for the occurrence of the accident even to the victims who carried out the process of separating the pipe lid; and (e) other various circumstances, including the Defendant A’s age, career, and family relationship, the sentence imposed by the lower court cannot be deemed unreasonable.

3. In conclusion, the Prosecutor’s appeal against the Defendants 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.