농지법위반등
All appeals filed against Defendant A by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (a fine of KRW 18 million against Defendant A, a fine of KRW 3 million against Defendant B’s agricultural partnership, and a fine of KRW 15 million against Defendant C’s agricultural partnership) is too unreasonable.
B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.
2. There is a special change in circumstances in the trial about sentencing even when considering the normal data additionally submitted by the defendants in the trial.
It is difficult to evaluate the Defendants, and the lower court already determined a sentence by fully taking account of all the circumstances, including the circumstances asserted by the Defendants and the Prosecutor on the grounds of appeal against Defendant A.
In full view of the following factors: (a) the Defendants recognized all of the instant offenses; (b) the Defendants committed the instant offenses; (c) deposited KRW 10 million for the deceased workers’ bereaved family members; (d) the Defendants did not have been punished for the same type of crime; and (c) Defendant A did not take all necessary measures to prevent risks by mechanical equipment; and (d) resulting in serious industrial accidents involving the death of workers; and (c) the sentencing grounds cited by the lower court; and (d) the Defendant A’s age, sexual behavior, environment, criminal result; and (e) various sentencing conditions indicated in the instant records, such as the circumstances after the commission of the instant offense, etc., the lower court’s punishment was too somewhat somewhat somewhat less or unreasonable; and (d) the Defendants did not exceed the reasonable scope of discretion on the
shall not be deemed to exist.
Therefore, the Defendants and the Prosecutor’s argument of sentencing against Defendant A is not accepted.
3. In conclusion, since the appeal against the defendant A by the defendants and the prosecutor is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.