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(영문) 대구지방법원 2020.11.20 2019노4843
업무상과실치사
Text

All appeals filed by the prosecutor against the Defendants and Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: a fine of KRW 10 million, Defendant B: a fine of KRW 12 million, Defendant C: a fine of KRW 10 million, Defendant C: a fine of KRW 10 million) is too uneased and unreasonable.

B. Defendant A’s punishment of the lower court (fine 10 million won) is too unreasonable.

2. Determination

A. We also examine the prosecutor on Defendant A and the judgment on the assertion of unfair sentencing by Defendant A and the claims by Defendant A on the grounds of unfair sentencing.

In addition to insurance money of KRW 100,000, the Defendants paid additional KRW 150,000 to the bereaved family members of the victim, and appears to have made efforts for the recovery of damage, the victim's negligence appears to have caused the instant accident, the Defendant A recognized his mistake and against himself, and the Defendant A was the first offender, etc. are favorable circumstances to the Defendant A.

The occurrence of the result of the victim’s death due to the instant accident, and the bereaved family members of the victim wish to punish Defendant A, etc. are disadvantageous conditions to Defendant A.

In addition, in full view of the various circumstances that serve as the conditions for sentencing as shown in the instant pleadings, such as Defendant A’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances that make it possible to change the sentencing after the lower court’s judgment, it cannot be deemed that the lower court’s sentence is too light or unreasonable to be deemed to have exceeded the reasonable scope of discretion.

Therefore, the prosecutor of the defendant and the defendant A's assertion of unfair sentencing are without merit.

B. Defendant B and C did not perform their duty of care, such as separate mechanical parking lot managers or installation of safety devices, etc. on the prosecutor’s assertion of unfair sentencing regarding Defendant B and C’s assertion of unfair sentencing. The occurrence of the victim’s death due to the instant accident, and the victim’s bereaved family members were Defendant B and C.

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