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(영문) 창원지방법원 2018.02.08 2017노3337
업무상과실치사등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of death and injury caused by the victim’s negligence is the case where the infant was deceased for eight months due to the victim’s negligence, and the result seems to have been significantly significant and the victim’s bereaved families with mental shock and mind to be responsible for the defendant, and the victim’s bereaved families have not reached an agreement with the victim so far, and there are unfavorable circumstances, such as the victim’s bereaved families want to be punished by the defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant has recognized and reflected each of the crimes of this case in the first instance, that a considerable amount of compensation has been paid to the bereaved family members of the victim in the mutual aid association to which the defendant was admitted, that some amount has been deposited to recover damage, that the defendant has taken appropriate measures for rescue after finding the victimized child, and that the defendant is the first offender who had no previous criminal record prior to this case.

In light of the following circumstances, where there is no change in the conditions of sentencing compared to the above circumstances and the original judgment, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a situation (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of various circumstances, including the Defendant’s age, environment, sex, circumstances leading to the crime, and circumstances before and after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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