산업안전보건법위반등
All of the appeals by prosecutors are dismissed.
1. According to the summary of the grounds for appeal (misunderstanding the facts), the court below acquitted the Defendants of the facts charged in this case, although the Defendants could sufficiently recognize the fact that the Defendants caused the death of the victim by negligence in the course of duty not taking safety measures, such as the facts charged, although the court below acquitted the Defendants of the facts charged. The court below erred
2. Evidence that there is a criminal fact in the judgment criminal procedure shall be presented by the public prosecutor, and the same shall apply to the case where the change of the defendant is unreasonable and it is false;
Even if so, it cannot be disadvantageous to the defendant, and criminal facts must be proven by a judge to have high probability beyond reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). Examining the reasoning of the acquittal portion against the defendants in light of related evidence and records, it is difficult for the court below to find that the victim died due to occupational negligence of the defendants who failed to take safety measures on the grounds as stated in its reasoning.
Therefore, the prosecutor's above assertion is without merit, since the measure of not guilty of the facts charged in this case is legitimate.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition on the ground that the prosecutor's appeal is without merit.