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(영문) 인천지방법원 2014.11.07 2014노2891
업무상과실치상
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (20 million won) is too heavy or (the Defendant) and it is unreasonable to inspect it.

2. We examine the reasoning of the judgment and the prosecutor together.

The fact that the defendant has been punished for the same kind of crime only once, and that there is no agreement with the victim, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant deposited 30 million won for the victim, that the defendant has no criminal records other than the fine once, and that the defendant recognized his mistake is favorable to the defendant.

In full view of the aforementioned factors of sentencing, the sentencing of the lower court is too heavy or minor, in view of the following factors: (a) the process and consequence of the instant case; (b) the circumstances before and after the commission of the offense; and (c) the Defendant’s age, family environment, etc.; and

The defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, 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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