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(영문) 대구지방법원 2017.12.15 2017노4498
업무상과실치사등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court found the Defendant not guilty of violating the Act on the Prevention of Accidents at Coastal Sea among the facts charged in the instant case, and convicted the remainder of the facts charged.

In this case where the prosecutor filed an appeal for the reason that the sentencing was unfair only for the guilty portion among the judgment of the court below, the judgment of the court below that found the guilty portion shall be subject to the judgment of this court.

2. The sentence imposed by the court below (one year of imprisonment without prison labor and two years of suspended execution) is too unfluent and unfair.

3. In light of the fact that a serious result of the victim's death due to the defendant's breach of the duty of care and the victim's bereaved family members want to be punished, etc., the defendant's liability is unlimited, the defendant recognized the crime of this case and reflects the depth thereof, the defendant deposited 50 million won for the victim's bereaved family members, and paid 140 million won to the victim's bereaved family members, etc. It seems that the defendant seriously made efforts for recovery of damage, such as paying 10 million won of the insurance proceeds of the business compensation insurance proceeds in which the defendant joined as a member of the victim, and the defendant did not have any specific criminal history, other than being punished once for the crime of this type, the defendant's age, sex and environment, means and result of the crime, and circumstances after the crime, etc., the judgment of sentencing of the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's assertion is without merit, since the sentence imposed by the court below is too unfortunate and thus it cannot be deemed unfair.

4. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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