2018Do3268 Occupational, etc.

A person shall be appointed.

Defendant

Law Firm Sung-sung

Attorney Lee Dong-hee, Justice Lee J-hee, Justice Lee Young-ho, Justice Kim Jong-ho, and Justice Lee Na-chul

Changwon District Court Decision 2017 - 564 Decided January 31, 2018

July 25, 2019

The appeal is dismissed.

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court convicted the Defendant of the instant facts charged. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on occupational duty and causation in the crime of occupational death, thereby adversely affecting the conclusion of the judgment.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unfair

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-hwan

Justices Park Sang-ok

Lee In-bok and Lee In-chul

Justices Noh Jeong-hee