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(영문) 수원지방법원 2017.10.27 2017노4512
업무상과실치사등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.

2. The lower court sentenced a fine of KRW 8 million, taking into account the favorable and unfavorable circumstances to the Defendant.

The sentencing of the court below exceeded the reasonable scope of discretion when comprehensively taking into account the factors requiring the sentencing in the trial, especially the fact that the defendant agreed with the victim's bereaved family members, the form of action, and the sentencing guidelines.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the Defendant’s age, sex, environment, circumstances, and result of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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