산업안전보건법위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, and eight hours of community service order) imposed by the court below is unreasonable as it is excessively unfasible.
2. In light of the content, method, and degree of damage, etc. of the crime of this case committed by the defendant, the crime of this case is deemed to be disadvantageous to the defendant, such as the following: (a) it is anticipated that if the defendant provided at least safety appearance to prevent the expansion of damage caused by the fall accident, the serious result would have been prevented; (b) it would have not been sufficiently endeavored to reach an agreement with the bereaved family members up to the present; (c) it appears that the bereaved family members of the victim would have suffered a huge mental suffering that is difficult to recover through life; and (d) the fact that there was a history of having been punished several times due to the crime of the same or similar kind of crime that is disadvantageous to the defendant.
However, the court below made a statement that the defendant led to confession of the crime of this case and reflects his mistake in depth. The court below deposited 4 million won in cash for the victim's bereaved family members (2 million won (2 million won) and additionally deposited 3 million won in cash at the court below, the defendant's workplace is expected to have been subscribed to industrial accident compensation insurance and paid compensation for the victim's bereaved family members. The actual conditions of the construction site and the structural characteristics of the site of the accident of this case are as follows: there are some reasons for considering the situation of the accident of this case; there are some responsibility for the occurrence of the crime of this case and the expansion of damage; there appears to be some responsibility for the victim; there appears to be a dependent; the fact that there is a family; the economic situation is not sufficient; the defendant's age, character, occupation, occupation, intelligence and environment; the process and consequence of the crime of this case; the possibility and consequence of recidivism; the content and degree of the crime of this case; the relationship with the victim after the crime of this case.