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(영문) 울산지방법원 2018.09.20 2018노589
업무상과실치사등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) is too unreasonable.

2. Each of the instant crimes on the grounds of appeal is a situation unfavorable to the Defendant, in which the Defendant committed each of the instant crimes on the ground of appeal: (a) the Defendant was at the place of work within a radius of 48 meters, which is the height of the navigation gear, and the navigation gear was transferred to the ground subsidence; and (b) the victim J was dead by leaving the truck driver’s seat while stopping boom in the place of boom of the navigation gear; (c) he did not assign signal to the place of work or provide safety education; and (d) he did so to the victim K by shocking the victim K at the bottom of the file that was moving to the place of work and the office; and (e) in particular, in the case of occupational and practical death, there was a serious result that the victim J’s death was not able to do so; and (e) there was a considerable damage to the Defendant.

However, there are some parts to be taken into account when the occurrence of the accident, etc. is caused by the imbalance of internal power, such as the confession of all of the crimes of this case and reflects his mistake. The defendant agreed at the court below to pay the victim J's bereaved family members a sum of KRW 41,50,000,000,000,000 per civil and criminal charges, and the victim K pays a sum of KRW 3,200,000,000,000,000,000,000 for two weeks, and the victim J's bereaved family members and the victim K did not want to be punished against the defendant. The defendant's age, sex, environment, motive and consequence leading to the crime of this case, the motive and consequence leading up to the crime of this case, and the circumstances leading to the crime of this case after the suspension of execution of sentence and the records are comprehensively taken into account.

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