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(영문) 대전지방법원 2013.10.10 2013노724
업무상과실치상
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (one year of imprisonment without prison labor in case of Defendant A, and six months of imprisonment without prison labor in case of Defendant B) declared by the court below against the Defendants.

2. The judgment of the court below is based on the following facts: the crime of this case was committed by the defendants' care for about 24 weeks old victims suffered pictures of about 3 and 4 degrees old victims, and these injuries were found to have contributed to the death of the victims, and the defendants' liability for the crime was considerably heavy. However, the defendants are carers or social workers who care the victims for about 8 years from July 2004, and the crime of this case was committed by the defendants using an external radiation treatment apparatus to improve the health of the victims.

In light of the above circumstances, the victim's bereaved family members were paid money under the name of consolation money and hospital expenses for mental distress, the victim's bereaved family members agreed with the above F medical care center, Defendant A was first offender and Defendant B did not have any specific criminal power, the degree of negligence of Defendant B is relatively minor compared to Defendant A, the defendants did not repeat the crime, and other various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendants' age, family relation, character and conduct, environment, means and consequence, etc., after finding the victim's image, and the decision of recommending reconciliation between the victim's bereaved family members and the insurance company to which the victim's bereaved family members belong, and the decision of recommending reconciliation between the victim's bereaved family members and the defendant's family members became final and conclusive, and the victim's bereaved family members agreed with the above F medical care center and the above victim's bereaved family members did not have any specific criminal power. The above assertion is justified.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is followed after pleading.

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