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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime resulted in a result that the victim’s death was caused due to the instant crime, and the degree of criticism is large in that the Defendant did not receive any tolerance from the victim’s bereaved family members.
However, in full view of the fact that the bereaved family members of the victim received industrial accident compensation compensation from the Korea Labor Welfare Corporation, and received some favorable judgments by filing a lawsuit for compensation for damages against the defendant and the insurance company, and that it appears that the victim would be compensated for damages arising from the above judgment, that the victim was negligent in causing the accident and expanding damage, and that the defendant did not have any previous conviction in addition to the fine of a small amount (one time) and other various sentencing conditions specified in the argument of this case, it cannot be deemed that the sentence of the court below exceeded the reasonable scope of discretion, or is unfair because it is too uneasy.
3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.