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(영문) 서울동부지방법원 2016.11.24 2016노689
업무상과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (six months’ imprisonment without prison labor) is too unreasonable.

2. Determination factors favorable to the Defendant, including: (a) the fact that the Defendant is aware of and against the offense; (b) the fact that there is no particular criminal history other than the fine for a single type of fine; (c) the fact that the civil agreement was reached between the company to which the Defendant belongs and the bereaved family members of the victim; and (d) the fact that the Defendant also deposited KRW 5 million at the lower court’s trial in the family; (b) the Defendant was negligent in the occurrence of the instant accident; (c) the victim was negligent in the occurrence of the instant accident; and (d) the victim was suffering from serious bodily injury caused by the pulmonary injury caused by the pulmonary lae color due to the instant accident, but the victim did not resolve the victim’s damage assessment even up to the trial; and (d) the Defendant was unable to resolve the victim’s damage assessment even until the trial; and (e) taking full account of all circumstances that form the conditions for the sentencing specified in the records and arguments, such as the Defendant’s age, character, environment, background and consequence of the instant offense after the crime, etc.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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