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(영문) 의정부지방법원 2014.12.12 2014노1223
업무상과실치상
Text

The judgment of the court below is reversed.

All sentence imposed on the Defendants shall be suspended.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (each fine of KRW 1,000,000) is too unreasonable.

2. In full view of all the circumstances, including the Defendants’ erroneous recognition of the mistake, the lower court deposited KRW 2,000,000 for the victims, and the first instance court deposited KRW 1,00,000 for the victims, and the agreement was reached smoothly with the victims. Prior to the instant case, the first offender who had no record of criminal punishment was committed, and the Defendants’ age, character and conduct, the background and details leading to the instant crime, and the circumstances following the instant crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the above assertion by the Defendants is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.

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 quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 268 and 30 of the Criminal Act concerning facts constituting an offense and the choice of punishment;

1. A fine of 500,000 won to be imposed for a suspended sentence;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for detention in a workhouse;

1. Various circumstances as seen in the grounds for reversal of sentence under Article 59(1) of the Criminal Act ( considered as favorable circumstances in light of the above grounds for reversal) of the suspended sentence

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