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(영문) 부산지방법원 2013.09.13 2013노2241
업무상과실치상
Text

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

The judgment below

The 4th sentence of imprisonment is "compeachment".

Reasons

1. The summary of the grounds for appeal against the Defendants is unreasonable as the punishment (each suspended sentence: KRW 3,00,000) of the lower judgment against each of the Defendants is too uneased.

2. The judgment is based on the following facts: the Defendants were the first offender; the instant marina camp in which the victims suffered an accident did not hold or participate for profit-making purposes; the Defendants participated as volunteers; the iron slope in which the instant accident occurred is not managed by the Defendants; the Defendants’ negligence was not limited; the Defendants did not recognize and reflect their mistake; the Defendants’ compensation for the victims was anticipated to be made through insurance; the Defendants deposited KRW 10 million for the victims; the Defendants deposited the money separately for the victims; and the Defendants’ age, occupation, and all other matters concerning the sentencing stated in the records of this case are considered to be unfair because each of the lower judgment’s punishment against the Defendants is too unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. According to the conclusion, the appeal against the Defendants by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since it is not reasonable to file an appeal against the Defendants by the prosecutor, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. Since it is apparent that the “election of imprisonment” in Article 8 of the fourth sentence of the judgment below is an error in

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