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(영문) 인천지방법원 2014.10.23 2014노2613
업무상과실치상
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of four million won.

The above fines are imposed by the Defendants.

Reasons

1. The main points of the grounds for appeal are as follows: each punishment (one year of suspended sentence in June) that the court below rendered against the Defendants is too unreasonable.

2. Although the Defendants were at the construction site that the Defendants controlled and supervised, the degree of damage suffered by the victim due to the Defendants’ violation of the duty of safety care, the Defendants were found to be erroneous, the Defendants paid KRW 2 million to the victim in the trial in addition to KRW 5 million deposited in the lower court as consolation money, and the Defendants expressed their intent that the victim would not be punished against the Defendants by mutual consent with the victim in the trial. In addition, considering the circumstances leading up to the instant crime, the circumstances before and after the instant crime, the Defendants’ age, character and conduct, and environment, each sentence imposed by the lower court to the Defendants is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 268 and 30 of the Criminal Act concerning facts constituting an offense and the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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