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(영문) 광주지방법원 2017.03.29 2016노1365
업무상과실치사등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. The lower court’s sentencing against Defendant A of the Prosecutor is too uncomfortable.

2. Considering the fact that the result of the victim’s death occurred as a result of the instant crime, strict punishment against the Defendants is necessary.

However, considering the following factors: Defendant A’s mistake is divided into two parts; the Defendants agreed with the bereaved family members of the victim in the trial; and the Defendant’s age, gender and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and the Defendants and the prosecutor’s above assertion are too heavy or unreasonable. Thus, the Defendants and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal by the Defendants and the public prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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