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(영문) 수원지방법원 2016.07.15 2016노790
업무상과실치사등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and two hundred hours of community service order) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. Determination of a fire causes the death of three persons, the injury of three persons, the occurrence of a fire in the instant building, the occurrence of a fire in the instant building, and the correction order was issued by a competent authority to change the use of a building without permission. However, the degree of negligence is not less exceptionally due to neglecting the management of the building until the occurrence of the fire, and the victim H’s bereaved family members are punished by the Defendant.

However, the fact that 30 million won have been paid for the bereaved family members of the victim H in the first instance, victim G, I's bereaved family members and civil and criminal cases have not been punished by the defendant (299 pages of the investigation records, 82 pages of the trial records). The victims who suffered the injury are not punished by the defendant, the crimes are against the defendant, there is no same criminal record, and there is no criminal record exceeding the fine.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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