(영문) 춘천지방법원 강릉지원 2016.12.15 2016노422

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(영문) 춘천지방법원 강릉지원 2016.12.15 2016노422

업무상과실치사

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) of the lower court is too unreasonable.

2. The instant crime was committed by the Defendant’s occupational negligence, which led to the death of the victim, who is a seafarer, who is the owner of the instant crime, and the liability for such crime was not provided against the victim’s bereaved family members.

However, in light of the following circumstances: (a) the Defendant was found to have committed the instant crime when it was late, and the bereaved family members of the victim were paid KRW 138,450,00 with the amount of compensation insurance for fishing vessel crew members; (b) the Defendant separately deposited KRW 15,000 for the bereaved family members of the victim; and (c) the victim’s negligence appears to have been partly caused by the instant accident; (d) the Defendant did not have the previous department and did not have any excess of the fine; and (e) the Defendant did not have any previous department and did not have any other circumstances that are the conditions for the sentencing of the instant case, such as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, etc., the lower court’s

Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

[Dao-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the corresponding column of the judgment of the court below, except for the alteration of “1. The Defendant’s partial statement” to “1. The Defendant’s oral statement” in the summary of evidence of the court below’s judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (amended by Presidential Decree No. 1740, Jan. 1, 201)

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is the same.

참조조문

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