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(영문) 부산지방법원 2019.05.03 2018노4565
업무상과실치사등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant C, 2 years of suspended sentence of six months of imprisonment, community service, 80 hours of defendant corporation and 5 million won of fine) declared by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no particular change in sentencing conditions compared with the original judgment on the grounds that new sentencing materials have not been submitted in the trial following the pronouncement of the lower judgment. In addition, in full view of Defendant C’s age, character and conduct and environment, as well as the motive, circumstance, means and consequence leading up to the instant crime, as well as the sentencing factors indicated in the proceedings of the instant pleadings, such as the circumstances after the crime was committed, the lower court’s sentencing against the Defendants is too excessive, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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