업무상과실치사등
The prosecutor's appeal is dismissed.
1. The Prosecutor’s summary of the grounds for appeal (hereinafter “the Prosecutor’s grounds for appeal”), which the lower court rendered, is too unfased and unreasonable.
2. In light of the legislative intent of the Occupational Safety and Health Act, which imposes various safety measures on an employer according to strict standards to maintain the safety and health of workers by preventing industrial accidents, and the result of the death of workers due to the breach of safety measures by the defendant, the criminal liability of the defendant is grave, and the criminal record of the same kind of crime is committed against the defendant, or the defendant is unfavorable to the defendant; the bereaved family members of the deceased worker were paid the insurance benefits of KRW 114,026,00 from the Korea Workers' Compensation and Welfare Corporation; the decision of recommending reconciliation, which includes the fact that the bereaved family members of the deceased worker who were the co-defendant B did not want criminal punishment against the defendant in the lawsuit claiming compensation for damages filed against the Co-defendant B, a co-defendant of the original judgment, has no criminal record exceeding the fine; the defendant's age, character, environment, family relationship, motive, means and consequence of the crime; and the circumstances after the crime, it is not recognized that the punishment imposed by the court below is unreasonable
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
However, in accordance with Article 25 of the Rules on Criminal Procedure, "Articles 71, 66-2, 67, and 23(1) of the Occupational Safety and Health Act, and Articles 268 and 267 of the Criminal Act" in the column for the corresponding legal provisions concerning criminal facts in the application of the law of the court below, Articles 71, 66-2, and 23(1) of the Occupational Safety and Health Act (the point of death of an employee due to a breach of a duty to take safety measures), Article 268 of the Criminal Act, Article 71 of the Occupational Safety and Health Act, and Article 7