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(영문) 창원지방법원 2015.04.30 2015노271
업무상과실치사등
Text

Defendant

All appeals filed against the Defendant C by the Prosecutor A, B and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (Defendant A: Defendant A: Defendant B: imprisonment with prison labor for 10 months, Defendant B: one year) declared by the court below against the Defendants is too large, and the prosecutor appealed to the effect that the sentence (Defendant C: imprisonment with prison labor for 6 months and one year of suspended execution) declared by the court below against Defendant C is too too unfasible.

2. Determination

A. Defendant A’s act of committing the crime is against the wrongness of the victim K’s bereaved family at the first instance trial, 30 million won in total to the other victims, and 3 million won in total to the other victims. In the first instance trial, the victim K’s bereaved family at the victim K was additionally deposited in the charge of the crime, and even though there is no criminal record sentenced, the Defendant was aware that he did not have a criminal record, but he was able to pay more severe attention to the operation of G and F when he was able to know that the above Defendant B without a marine officer’s license would operate G. However, even though he did not take any measures such as neglecting this, he did not neglect to assign a crew member, speed up the victim, and so on, and did not take any other measures such as speeding the victim’s death and injury, there was a significant result in the injury of the victim K by occupational negligence, the victims and the victims of the same type of crime due to occupational negligence, the Defendant’s age, character and behavior, and other circumstances before and after the crime of this case.

B. Defendant B’s criminal intent is against the wrong judgment while committing the crime, deposited KRW 20 million at the court below’s bereaved family at the victim K’s bereaved family at the court below, and additionally deposited KRW 10 million at the court below for the first time after the accident of this case, the victims’ aid after the accident of this case was committed, and it is recognized that there was no criminal history sentenced, but the Defendant is a person without a marine officer’s license.

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