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(영문) 대전지방법원 2017.06.28 2017노217
업무상과실치상
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence of the lower court (two years of suspended execution in October and 120 hours of each community service order) is too unreasonable.

2. A favorable circumstance is that the Defendants recognized the instant crime and reflected in the determination; Defendant A was the first offender; Defendant B did not have any record of punishment for the same kind of crime; and Defendant B appears to have been covered by liability insurance during the accident search season to have been paid medical expenses to the victim.

However, the Defendants’ negligence on the occurrence of the instant accident is minor.

It is difficult to see that the victim's injury is relatively serious.

It seems that the victim did not agree with the victim and the victim wanted to punish the defendants.

In full view of the above circumstances and the Defendants’ age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

Therefore, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal 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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