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(영문) 창원지방법원 2019.08.28 2019노294
업무상과실치사등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The grounds for appeal (unfair sentencing) by the lower court (the term of imprisonment with prison labor for one year, two years suspended execution, and fine of 1.5 million won) are too unreasonable.

2. The lower court determined that the Defendants’ mistake and reflect; the victim’s negligence in the instant accident was also significant; the Defendants’ age, details and contents of the case; circumstances after the commission of the crime; and criminal records.

The grounds for unfair sentencing alleged by the Defendants appear to be the circumstances in which the lower court had already taken full account of the Defendants’ punishment, and there are no circumstances suggesting that the said sentencing conditions have changed in the appellate court.

In addition to the above sentencing conditions, Defendant A committed each of the crimes of this case during the period of probation, and according to the records, Defendant A left the victim E three times prior to the instant case with Defendant B, leaving the victim E on board, leaving the shore, and repeated an act of getting the victim E away from the mar. Also, in light of the fact that Defendant A neglected the victim E in a manner similar to that of the previous case, Defendant A’s negligence on the victim E’s death is obvious and not suitable for the nature of the crime, the lower court’s punishment against Defendant A is appropriate within the reasonable scope of discretion, and it cannot be deemed unfair because it is excessively unreasonable.

Therefore, the Defendants’ assertion is rejected.

3. In conclusion, the defendants' appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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