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(영문) 대구지방법원 2015.07.23 2014노3749
업무상과실치사
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) In the misapprehension of the legal principle, Defendants 1 and 2 are the farm roads as indicated in the judgment of the court below which are agricultural infrastructure.

2) The victims could not have predicted their death due to the failure of the victims of this case. 2) The victims could not have predicted the death of the victims of this case.

3) Each sentence of the lower court against the Defendants on unreasonable sentencing (Defendant A: a fine of KRW 5 million, Defendant B: a fine of KRW 3 million) is too unreasonable. B. The prosecutor (the lower court’s each sentence against the Defendants on both unfair sentencing) is too unreasonable.

2. Determination

A. The court below rejected the Defendants’ assertion in detail on the grounds that the Defendants’ defense counsel at the court below made the same assertion as the grounds for appeal on the misapprehension of the legal principles of the Defendants and the misconception of facts, and based on the title “judgment on the Defendants’ and defense counsel’ assertion” in the judgment, the court below rejected the Defendants’ assertion in detail. In comparison with the above judgment of the court below, the court below’s determination is just and acceptable, and contrary to the Defendants’ assertion, there were no errors in matters of law by misapprehending the legal principles on the existence of duty of care or by misunderstanding about the possibility

Therefore, the above assertion by the Defendants is without merit.

B. The Defendants’ determination on the assertion of unfair sentencing by the Defendants and the prosecutor has paid the victims’ bereaved family members KRW 120 million each according to the decision on the recommendation for reconciliation finalized in the relevant civil case, the Defendants agreed to the victim’s bereaved family members and the victims’ bereaved family members, deposited the amount of KRW 4 million for the victims’ bereaved family members, and the Korea Rural Community Corporation deposited the amount of KRW 4 million for the victims’ bereaved family members, after the instant accident.

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