업무상과실치사
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (in fact or misunderstanding of legal principles) was acknowledged that the Defendants, as employees of FF Co., Ltd., a contractor at the construction site of this case, were engaged in the work of managing safety facilities, establishing and implementing safety plans for prevention of accidents, establishing construction plans for safety, providing guidance to workers, and taking measures in accordance with the Occupational Safety and Health Act, but did not give a work plan regarding the work of installing a crypt for the installation of a crypt (the columns connected with the columns, columns, etc.) and did not report the fact that the safety net or safety cost is not properly installed at the site of this case. Thus, the Defendants violated the duty of care as above was found to have been in violation of the duty of care. Since the victim K, who was performing the construction work in violation of such duty of care, died on the second floor through the material removal without the safety net, and thus, the Defendants’ death was found not guilty as a result of mistake or misunderstanding of legal principles as well as the facts charged by misapprehending the legal principles concerning the possibility of death of the Defendants and the victim.
2. Determination on the grounds for appeal
A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt, so long as there is no such evidence, the defendant may also be found to have no such evidence.