업무상과실치사
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 7,000,000.
The above fines are imposed by the Defendants.
1. The summary of the grounds for appeal is too unreasonable that each punishment (10 months of imprisonment without prison labor and 2 years of suspended execution) against the defendants declared by the court below is too unreasonable.
2. The instant accident resulted in a serious consequence of the victim’s death.
This is disadvantageous to the Defendants.
However, the Defendants recognized the instant crime and opposed to the mistake, and agreed with the victim’s bereaved family members in the first instance.
The Defendants, immediately after the instant accident, transferred the victim to the hospital emergency room, and the doctor released the victim from the hospital with the view that there was no longer an X-ray shooting. However, after the discharge, the victim was dead while locked, and there are some circumstances to consider the death of the victim.
Defendants are first offenders who have no criminal record.
This is favorable to the defendants.
Considering such circumstances as the Defendants’ age, sex, family relation, family environment, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the lower court against the Defendants is deemed unfair because it is too unreasonable, given that the sentence imposed by the Defendants is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 268 of the Criminal Act and Articles 268 and 30 of the Criminal Act and the selection of fines for the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;
1. Sentencing sentencing prior to the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, each of the criminal litigation orders is unfair.