logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.19 2015노4113
업무상과실치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence of one year and six months) by the lower court is deemed to be too uneasible and unfair.

2. It is recognized that the instant accident resulted in the result of the victim’s death, and the fact that the victim’s bereaved family members could not agree with the victim’s bereaved family members.

However, in light of the following: (a) the Defendant led to the confession of the crime in depth; (b) there was no history of punishment heavier than a fine, and there was no history of punishment for the same crime; (c) deposited KRW 10 million for the victim’s bereaved family members; and (d) it is difficult to deem that there was no fault of the victim in the occurrence of the instant accident; (b) the Defendant was finally liable to compensate the victim’s bereaved family members according to the result of the relevant civil case (Seoul District Court 2014Gahap51735), and other factors of all sentencing as shown in the instant argument, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (c) it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow