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(영문) 전주지방법원 2013.08.09 2013노560
업무상과실치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: The punishment (10 months of imprisonment without prison labor and 2 years of suspended execution) declared by the court below is too unhued and unfair.

2. The crime of this case is deemed to have caused the death of the victim by negligence after the defendant neglected his duty of care at the left, right, and the right, and the duty of care at the rear, and thus, caused the death of the victim. However, although the defendant did not have a previous criminal record, the defendant agreed with the bereaved family members of the victim, and recognized the crime of this case, and seriously reflects his mistake, and even if he did so, the victim's negligence of leading the vehicle to collect waste on a narrow sloping line without confirming the location of the loading machine even though the sound of the rear sloping, without confirming the location of the loading machine, is also the cause of the accident of this case, and other various circumstances, including the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., the prosecutor's assertion is not reasonable since the sentence imposed by the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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