(영문) 광주지방법원 2014.10.10 2014노1776 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2014.10.10 2014노1776

업무상과실치사

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment without prison labor for eight months, and Defendant B shall be punished by imprisonment without prison labor for six months.

except that this shall not apply.

Reasons

1. The main point of the grounds for appeal is that the sentence of the court below (the imprisonment without prison labor for eight months, and the imprisonment without prison labor for six months) is too unreasonable;

2. The Defendants’ negligence of the judgment that resulted in the death of the victim, and Defendant A did not make any effort to recover damage of the victim, etc.; however, the Defendants recognized the crime of this case and reflects the fact that the Defendants, even if they did not keep sufficient distance from the fact that they were to move on the steel scrap equivalent to approximately 200 km, it appears that the occurrence of this case was affected by the victim’s negligence. Defendant B deposited KRW 10 million in the trial for the victim; Defendant B deposited KRW 11 million for the victim’s bereaved family at the trial; Defendant B asked the above deliberation to transfer the victim’s family; Defendant B paid KRW 10 million to the victim’s bereaved family under the Automobile Accident Compensation Guarantee Act; Defendant B paid KRW 10 million to the victim’s bereaved family under the Automobile Accident Compensation Act; Defendant B bears liability for compensation; Defendant B’s age, character and conduct, environment, the circumstances of the crime of this case; and the result and circumstances after the crime of this case, etc., the above Defendants’ allegation of unfair sentencing is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is reasonable, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 268 of the Criminal Act and Articles 268 and 30 of the Criminal Act concerning the applicable criminal facts;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Defendant A of the community service order: Criminal Act.

참조조문

유사 판례

-대구지방법원 2016.09.21 2015노4668

-광주지방법원 2014.10.10 2014노542

-광주지방법원 2015.09.23 2015노1708

-광주지방법원 2016.04.14 2015노3107

-창원지방법원 2017.02.15 2016노3129