업무상과실치사등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding the facts and misapprehension of the legal principles: Defendant 1: (a) took measures such as ventilation and dust removal, etc. while operating a waste disposal business related to the metal powder powder; (b) took measures pursuant to Article 23(1) of the Industrial Safety and Health Act; (c) ordered the victim F who was the head of the factory to not be used for the above business; (d) the F used the part of G vehicle upon personal request from the victim G to repair his own vehicle regardless of the above business; (c) while the F melted the back of G vehicle by using a melting machine, regardless of the above business, regardless of ordinary usage, for a long time, different from ordinary usage, electric wires connected to the melting machine by using the melting machine for a long time, and thus, the explosion of this case occurred, and thus, the Defendant was not negligent in the course of business, and is not obliged to take safety measures pursuant to Article 23(1) of the Industrial Safety and Health Act.
2) Improper sentencing: The sentence of the lower judgment (two years of suspended sentence for one year of imprisonment) is too unreasonable.
B. The sentence of the lower court’s judgment (unlawful in sentencing) is too uneased and unreasonable.
2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles
A. The summary of the facts charged is that the Defendant is the representative director of D, who primarily engaged in waste collection and transportation business in Kimhae-si, and the actual manager of E (individual business) of the same and multiple waste disposal business entity, who exercises overall control over matters concerning the safety and health of employees D and E.
Victim F(64) is the head of the above E factory and the victim G(53) are the borrower who entered the foregoing D with the trade name “H.” (11.5 tons of pressure truck, I).
On February 29, 2016, the Victim FF will repair the opening and closing of the entrance doors of the victim G truck loaded in the above E plant around 11:55.