(영문) 인천지방법원 2017.04.27 2016노668 | 리걸엔진

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(영문) 인천지방법원 2017.04.27 2016노668

건설기계관리법위반등

Text

The judgment of the court below is reversed.

Defendant

A and B shall be punished by imprisonment for eight months and by imprisonment for six months, respectively.

(b).

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant A (unfair sentencing) sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. Defendant B (1) In fact, Defendant 1 said that “Ora” was made once more within the meaning of demanding the loading and unloading of the excavation season immediately before the loading and unloading of the excavation season. However, as stated in the facts charged, Defendant 1 did not have sent several signals during the loading and unloading of the excavation season from Tr.

Nevertheless, the court below found the defendant guilty of occupational injury, death, and perjury. The court below erred by misapprehending the legal principles.

2) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

(c)

Defendant

C1) Since there was no fact that there was a misunderstanding of fact B, the Defendant did not induce a criminal to avoid committing a crime.

Nevertheless, the court below found the defendant guilty as to the crime of aiding and abetting. The court below erred by misapprehending the legal principles.

2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination as to Defendant B and C’s assertion of mistake of facts

A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts are acknowledged.

1) When loading and unloading a twiter loaded on cargo twiters and cargo twiters, twiters shall be installed at the end of loading on the twiter, and the driver shall load and unload the twiter, which is unloaded in accordance with the signal signals of the signal number.

B) In the case of complete goods with a boomer (which is designed to conduct excavation works mainly in a kind of box or load soil on a truck) and a boomer (which connects the boom and the boomer to the body of the boom), it is also possible to load and unload a driver without a traffic congestion using the boom and boom boom boom.

C) On the other hand, however,

유사 판례

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