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(영문) 수원지방법원 2014.12.22 2014노4236
업무상과실치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) M&C Construction Co., Ltd., a mistake of fact, means the removal of an Aeldidympib Co., Ltd., which is located in Eyang-gu D during the time when the corporation ordered the removal of an Aeldidympib (hereinafter “instant removal construction”).

(2) On August 8, 2012, the above companies, including F, subcontracted F, to F Co., Ltd. (hereinafter referred to as the “instant removal construction”). However, around August 8, 2012, the aforementioned companies, including F, decided to keep the wall as they were without removing. Accordingly, the wall at the site of the instant removal construction was excluded from F’s subcontracted construction, and the wall at the site of the instant removal construction, which was collapsed on August 28, 2012, is not within F’s site’s management and supervision, and thus, the Defendant is not subject to criminal liability of the instant case arising from the collapse of the instant wall. (2) The lower court’s sentence of unfair sentencing (six months, two years of imprisonment without prison labor, two years of suspended execution, and two hundred hours of community service work) is unreasonable.

B. The prosecutor’s decision of the court below on unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. Before determining the Defendant’s assertion of misunderstanding of facts regarding the Defendant’s expiration of the period for submitting the grounds for appeal, we examine ex officio whether the Defendant’s grounds for appeal were submitted within the period for submitting the grounds for appeal under Article 361-3

According to the records, the Defendant appealed against the lower judgment, and filed an appeal. On August 8, 2014, the Defendant served the notification of the receipt of the trial record and the written notice of the appointment of a state appointed defense counsel, and filed the statement of reasons for appeal on September 23, 2014 after 20 days from the date

In regard to this, the defendant and his defense counsel received the notification of the receipt of the trial record of this case, and the above W was just a minor of Y who does not reside in the above address, and the defendant was not lawful.

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