업무상과실치상
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. Summary of grounds for appeal;
A. The sentence (six months without prison labor) imposed on the Defendant by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The circumstances favorable to the judgment: The defendant shows an attitude against the defendant to recognize the crime of this case.
In addition to the defendant's negligence, the sloping beam removed from the place of work in addition to the defendant's fault where the injured person suffered injury by the accident of this case, there are concurrent aspects of negligence by other companies responsible for separate management, such as moving the sloping beam beam from
The defendant is an initial offender who has no record of punishment.
It seems that the social relationship of the defendant seems relatively clear.
The defendant deposited 5 million won for the victim in the first instance.
Unfavorable circumstances: The degree of fault of the defendant is not less severe, and the degree of injury of the victim is also more severe.
There was no agreement with the victim.
In light of the above favorable circumstances, including the Defendant’s age, character and conduct environment, relationship with the victim, motive means of crime, result of crime, etc., all the conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines (the imprisonment without prison labor for up to 8 months and 2 years) indicated in the instant arguments and records, such as the circumstances after the crime, etc., it is recognized that the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s argument of unfair sentencing is reasonable, while the prosecutor’s argument of
3. As the appeal of the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading (the prosecutor's appeal is without merit, and so long as the judgment of the court below is accepted by the defendant's appeal and the judgment of the court below is reversed, the prosecutor's appeal is not separately dismissed in the disposition). The ground for re-written judgment is the criminal facts and summary of evidence recognized by the court below and summary of evidence.