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(영문) 대구지방법원 2017.11.24 2017노2291
업무상과실치사등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable because each of the punishments imposed by the court below (two years of imprisonment, three years of suspended execution, and five million won of fine) is too uneased.

2. It is recognized that the instant accident causes death of two seafarers and serious result of the disappearance of four seafarers, and Defendant A has a record of being punished by a fine for the same kind of crime in 2011.

However, in light of the following: (a) the vessel of this case, which is favorable to the Defendants in various circumstances, was covered by the insurance and paid considerable insurance money to six bereaved family members; (b) the victim K’s bereaved family members do not want to be punished against the Defendant A; (c) Defendant A appears to have been divided in depth through a prison life exceeding 2 months; (d) Defendant B was the primary offender; and (e) there are no circumstances to be taken into account in light of the background of the instant accident and the rate of fault with the other party to the collision; and (e) other factors indicated in the argument of this case, such as the Defendants’ age, sexual behavior, environment, motive, means and consequence of the crime; and (e) all the sentencing conditions indicated in the argument of this case, including the circumstances after the crime, etc., it is not recognized that each sentence of the lower court is unfair because it is too

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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