산업안전보건법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution of six months of imprisonment) is too unhued and unreasonable.
2. Determination of the Defendant did not take safety measures to prevent the fall of his/her employee, resulting in a serious result of the death of the victim.
However, in full view of the following circumstances: (a) the Defendant recognized his mistake and is against the victim’s bereaved family members as an industrial accident compensation insurance; (b) the Defendant paid insurance money to the victim’s bereaved family members; (c) the Defendant deposited the victim’s bereaved family members as a trustor; and (d) the Defendant deposited the victim’s bereaved family members in a civil lawsuit related to the instant crime; (b) the Defendant faithfully pays damages in the event that the agreement with the victim’s bereaved family members is reached or the agreement is not reached; (c) the Defendant does not have been punished for the same type of crime; and (d) the Defendant’s age, sexual behavior, environment, motive and background of the crime; and (e) other circumstances that form the condition of sentencing as indicated in the instant records and arguments, such as the circumstances after the crime,
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.