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(영문) 전주지방법원 2012.12.28 2012노1183
업무상과실치사
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: the punishment imposed by the court below on the Defendants (eight months of imprisonment without prison labor, two years of suspended execution) is too uneasy and unfair.

2. The crime of this case is deemed to have been committed by the defendants, who operated and managed the dried Mat in order to capture the Maw, and caused the victims to take away the above Mat and die due to the wrong management of the pesticide that had been laid in the above Mat in order to capture the Maw, and the nature and circumstances of the crime are serious. Although the defendants did not reach an agreement with the victims, the defendants A did not have a criminal record; the defendants A was the first offender without criminal records; the defendants had no record of punishment for the same crime; the defendants deposited a considerable amount of money to the victims' bereaved family members over several times until the trial; the defendants deposited a considerable amount of money to the victims' bereaved family members; and the defendants' age, character and behavior, environment, family relationship, circumstances after the crime, etc., the prosecutor's assertion is not reasonable since the punishment imposed by the court below is too unjustifiable.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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