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(영문) 전주지방법원 2020.11.12 2020노986
업무상과실치사등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment without prison labor, two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the court below is a situation unfavorable to the defendant that caused an accident of collision between a fishing vessel with about 29 knotss in a sea area, the navigation maximum speed of which is limited to 5 knotss on the sole ground that the fishery guide vessel was inspected by the fishery guide vessel, etc., and the accident of collision with a vessel operated by the victim C, causing death or injury to the victims in the marital relationship. In light of the circumstance of the accident, the degree of the defendant's negligence, the degree of damage to the victims, etc., the victim E died and the victim C suffered an injury requiring about 6 weeks medical treatment due to the accident in this case, and the victim C suffered an injury for about 14.9 million won at the repair cost of the vessel on the part of the victim, but it appears that only partial damage was recovered, etc.

However, the following facts are the circumstances favorable to the defendant: (a) the defendant divided his criminal act from the investigation stage to the trial of the party; (b) the defendant paid the victim KRW 43 million to the victim; and (c) the victim C agreed to pay the medical expenses incurred in excess of the insurance money in the case of the victim C; and (d) the defendant has no record of punishment exceeding the fine after 195.

In addition, considering the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed as excessive or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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