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(영문) 대전지방법원 2016.10.06 2015노3991
산업안전보건법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) imposed by the court below on the defendant is too unhued and unreasonable.

2. The crime of this case, which resulted in the death of the victim as a result of the crime of this case, is not against the nature of the crime of this case.

However, there is no record of criminal punishment exceeding the fine imposed on the defendant, and the defendant deposited KRW 20 million for the bereaved family members of the victim in the original trial, and additionally deposited KRW 5 million in the original trial. In addition, in full view of all the sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, it is not recognized that the sentence of the original court is too unreasonable.

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

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