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(영문) 전주지방법원 2014.10.01 2014노500

업무상과실치사

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the prosecutor's grounds for appeal;

A. In light of the fact-finding and misunderstanding of the legal principles, Defendant B was a safety manager at the work site of the agricultural partnership I located in Y in Y in Y in Y in Y in the following cities: (a) Defendant B did not confirm the site situation and give specific work instructions to workers or take safety measures necessary to prevent any danger; (b) Defendant B could have sufficiently confirmed it if he had performed management and supervision on the site of this case; and (c) Defendant B could have sufficiently confirmed it if he had performed removal work using the vehicle during several days prior to the occurrence of the accident of this case; and (d) there was a need for separate equipment to remove a prefabricated surface that cannot be installed at the site of this case, and thus, Defendant B could have predicted that the car in this case would be used for removal work. In full view of the fact that Defendant B could have predicted that Defendant B was guilty, the judgment below erred by misapprehending the facts or by misapprehending the legal principles that affected the conclusion of the judgment.

B. Unreasonable sentencing (as to Defendant A), the sentence imposed by the lower court on Defendant A (as to a fine of KRW 3,000,000) is too unhued and unreasonable.

2. Determination

A. As to the prosecutor's assertion of mistake of facts and misapprehension of the legal principles, the summary of the facts charged against Defendant B is the personal business operator who operates F in the following City E, and is responsible for the safety and health of his employees. Co-defendant A is the employee of the above company in contact with the above company, and the employee net G (hereinafter "the deceased") was the employee of the above company, and the above company is working as the employee of the above company. In addition, the above company is working as a removal of saw storage warehouse by giving orders for the repair work of warehouse from H from the incorporated farming association I in the following City: