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(영문) 대전지방법원 2016.09.01 2015노4147
업무상과실치사등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of nine million won) of the lower court against the Defendant is too unreasonable.

2. The fact that the defendant agreed with the bereaved family of the victim is favorable to the defendant.

However, in full view of the fact that the victim's death led to a serious result, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentencing of the defendant in the judgment of the court below on the defendant is deemed not to exceed the reasonable limit of discretion. Thus, the defendant's allegation of unfair sentencing is without merit, since the sentence of the court below on the defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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