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(영문) 전주지방법원 2013.10.11 2013노839
업무상과실치사등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of the overall sentencing conditions in the grounds for appeal, the sentence of the lower court (a fine of KRW 5,000,000, Defendant Limited Company B: the suspended sentence) is too uneased and unreasonable.

2. The Defendants should be punished strictly in light of the fact that the Defendants’ negligence of violating the duty to take safety measures on the grounds of appeal led to the serious consequence of the death of the victim.

However, the defendants recognized all of the crimes of this case and divided in depth, the main responsibility of the crime of this case D and C appears to be the co-offenders, and the defendants did not want to punish the defendants in consultation with the victim's bereaved family members. Defendant A did not want to punish the defendants. Defendant A did not have any record of punishment for the same crime, and Defendant B did not have any record of punishment heavier than fine. In full view of the defendants' age, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, including the circumstances after the crime, etc., the court below's punishment is too unjustifiable and unfair. Thus, the prosecutor's allegation of unfair sentencing is without merit.

3. In conclusion, since all appeals against the Defendants by the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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