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(영문) 수원지방법원 2019.11.22 2019노4445
업무상과실치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (10 months of imprisonment without prison labor, 2 years of suspended execution, and 120 hours of community service order) of the lower court is too unfluent and unreasonable.

2. The defendant should be punished strictly because the defendant did not take proper safety measures because the victim was killed in the occupational accident due to his/her falling accident.

However, in full view of all the sentencing factors, including the fact that the Defendant led to the confession of the crime and the mistake in depth, that the victim’s family members have agreed to reach the trial and that there was no previous conviction exceeding the fine, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion, and thus, it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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