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(영문) 청주지방법원 2017.08.10 2017노447
업무상과실치사
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment without prison labor and 1 year of suspended execution) is too unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The accident of this case resulted in a serious result of the victim's death.

Circumstances favorable to the defendant shall be as follows:

The Defendant led to confession and reflect on the instant crime.

The company belonging to the defendant shall pay the bereaved family members of the victim KRW 186 million, in addition to the compensation for bereaved family members and funeral expenses, in addition to the compensation for bereaved family members. The victim's bereaved family members and the bereaved family members agreed to pay KRW 14 million.

Workers, including victims, have been aware of safety rules to prevent the danger of the instant work and the fall, as a major in the light field. However, the victim himself/herself faithfully complied with the safety rules to prevent the fall.

It is difficult to see that the defendant's negligence in relation to the accident of this case is serious.

It is difficult to see it.

Defendant has no record of criminal punishment, except for a long-term crime of 1988 and of 2001, which is subject to a fine.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 268 of the Criminal Act applicable to the crimes and Article 268 of the Selection of Punishment Act;

1. The Criminal Act to attract a workhouse;

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