업무상과실치사등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Improper sentencing of the Defendant - The lower court’s punishment is too heavy.
B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.
2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.
As a result of the instant crime, the victim was deprived of her life and was damaged by irreckless damage, and the fact that the Defendant did not reach an agreement with the bereaved family members is disadvantageous to the Defendant.
On the other hand, 160,1330,000 won of industrial accident compensation insurance was determined to the bereaved family members. The victim's bereaved family members were sentenced and finalized to order the defendant to pay a total of KRW 75,723,298 to the defendant in the damages claim lawsuit filed against the defendant, and some of them were made monetary compensation. The defendant made efforts to recover damage, such as deposit of KRW 10,000,000 of criminal money with the victim's bereaved family members separately, and the defendant recognized and reflected the crime, and the fact that the defendant has no record of the same crime is favorable to the defendant.
The judgment below
There is no change in circumstances in relation to other matters on which the sentencing conditions are attached after the sentence.
The lower court has already determined a punishment by fully taking into account all the circumstances, including the circumstances asserted by the Defendant and the Prosecutor on the grounds of each appeal, and held that the lower court’s punishment was too weak or exceeded the reasonable scope of discretion in determining the sentencing of the court, even if the court re-examines such circumstances as the background of the instant case, etc. at the trial once.
shall not be deemed to exist.
Therefore, each of the improper sentencing of the prosecutor and the defendant is rejected.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.