업무상과실치사등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant B (compactingly unfair)’s imprisonment (one year of imprisonment with prison labor for four months and one year of suspended sentence) is too unreasonable.
B. Defendant D and Defendant E (hereinafter “Defendant E”) mistake of facts (as to Defendant D’s violation of the Occupational Safety and Health Act on the death by occupational negligence and the death of victims, Defendant E’s violation of the Occupational Safety and Health Act on the death of victims), the victim’s reinforced concrete construction on G redevelopment improvement project (hereinafter “instant construction”).
(2) The lower court’s sentence of unfair sentencing (Defendant D: 6 months of imprisonment, 1 year of suspended execution, and 7 million won of fine) on the part of the Defendant E is unreasonable. The chief of the safety management division belonging to C Co., Ltd. subcontracted by Defendant E, and the chief of the work commander who served as a signal number leading to concrete mixed trucks at the accident site, and the signal number is not assigned to the accident site.
2. Determination
A. The lower court found Defendant D and E guilty of this part of the facts charged by comprehensively taking account of the evidence so decided.
In full view of the following circumstances admitted by the court below and the court below based on the evidence duly admitted and investigated, the judgment of the court below is just and there is no error of law by mistake of facts alleged by the above defendants.
① The Defendants indicated only the movement route of concrete mixing trucks to pumps without preparing a separate work plan for the type, performance, work methods, etc. with respect to concrete mixing trucks, among vehicle construction machinery, even though the work contents of pumps and concrete mixing trucks are different, and accordingly, performed concrete dismantling work.
(2) The work plan shall include concrete mixtures trucks, which enter the five studs at the construction site of this case, and approximately approximately 132 meters straight, as places where they build concrete with J consent.