The part against the defendant shall be reversed.

Defendant

A person shall be punished by imprisonment for not less than six months.

except that this judgment.

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The above reasons for appeal are as follows: (a) by failing to take ex officio measures on safety measures to prevent industrial accidents and thereby causing the death of a worker in violation of Article 23(1) of the Industrial Safety and Health Act; and (b) by failing to take such safety measures as above, the duty to take preventive measures under the Industrial Safety and Health Act and the duty to take care of the worker’s death are consistent with the above worker’s duty to take care of risks under the Industrial Safety and Health Act; and (c) it is consistent with the result of the worker’s death; (d) as such, one act constitutes two crimes, since it constitutes a violation of the Industrial Safety and Health Act and a violation of the occupational duties and a violation of the occupational duties.

I would like to say.

Nevertheless, the court below held that each of the above crimes was in a substantive concurrent relationship, and thus aggravated concurrent crimes pursuant to the former part of Article 37 of the Criminal Act, which affected the conclusion of the judgment by misapprehending the legal principles on the number of crimes.

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed ex officio and it is again decided as follows, without examining the error of sentencing by the defendant and the prosecutor, on the ground that there is a ground for reversal as seen above, and without examining the error of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of the facts charged and the evidence against the defendant are the same as the corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant legal provisions of the Industrial Safety and Health Act concerning criminal facts;