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(영문) 수원지방법원 2019.08.12 2019노173
업무상과실치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal: (b) the Defendants failed to take appropriate measures in the course of providing simple meals and taking emergency measures taken after the occurrence of the accident; (c) the victimized child died; (d) the Defendants committed acts to conceal the mistake immediately after the occurrence of the accident; (e) whether the Defendants are able to reflect the truth in light of the circumstances after the commission of the crime; and (e) the consequences of the death of victimized child cannot be recovered from any compensation, each punishment (two years of suspended execution in August of each imprisonment without prison labor) sentenced by the lower court against the Defendants

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing against the Defendants is too unfluent and so it is difficult to deem that the sentencing of the Defendants exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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