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(영문) 광주지방법원 2014.09.25 2014노617
업무상과실치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment without prison labor, two years of suspended execution, fine of 300,000 won, and community service time of 80 hours) is too uneased and unreasonable.

2. The judgment of the defendant, on January 17, 2012, committed the instant crime even though he/she was sentenced to a suspended sentence of two years for eight months or more due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Gwangju District Court Support on January 17, 2012, which became final and conclusive on January 26, 2012, and even if he/she had been under suspension of execution, he/she committed the instant crime; however, the degree of injury to the victim is relatively heavy; however, he/she appears to be recognized and against the Defendant; the Defendant deposited KRW 5 million for the victim; the Defendant was deemed to be able to recover damage to the victim; the victim’s vessel was engaged in fishing at a place where vessel traffic might be obstructed; the victim’s age, character, environment, circumstances and outcome of the instant crime; the prosecutor’s assertion that the court below’s punishment is too unjustifiable, and thus, is not justified.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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