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(영문) 광주지방법원 2015.05.26 2015노676
업무상과실치사등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence (six months of imprisonment without prison labor) of the lower court is too unreasonable.

Judgment

The fact that the defendant agreed smoothly with the victims who suffered an injury at the court below, deposited KRW 20 million in the court below for the bereaved family members of the deceased victim, deposited additional KRW 20 million in the court below and deposited them in the court below, and that there is no record of criminal punishment in addition to punishment by a fine in around 2009.

However, even though the Defendant knew that it is necessary to reinforce boom boom during the accusation work vehicle, while continuing to operate boom booming vehicles, and gave warning to inform the danger during the work, the increase of boom boom increases, one person dies and two persons died. As such, the Defendant’s negligence on the occurrence of the instant accident is very serious, the victim’s bereaved family did not reach an agreement with the victim, and the repayment of the damage is not sufficient, and in light of the Defendant’s age, character and behavior, environment, and all of the sentencing conditions indicated in the records of this case, it cannot be deemed that the sentence of the lower court is too unreasonable.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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