산업안전보건법위반등
The judgment of the court below is reversed.
Defendant
A and B Each fine of KRW 10,000,000, Defendant C corporation shall be punished by fine of KRW 5,000.
1. The summary of the grounds for appeal is that each sentence imposed by the court below on the defendants (the defendant A: 8 months of imprisonment, 2 years of suspended execution, 160 hours of community service order, 8 months of imprisonment without prison labor, 2 years of suspended execution, 160 hours of community service order, 160 hours of defendant C: fine 10 million won) is too unreasonable.
2. We examine the Defendants’ grounds for appeal.
The crime of this case is ultimately caused by the Defendants’ neglecting to take necessary measures to prevent danger while employing the victims of the crime of this case resulting in the risk of an accident. In light of the legislative intent of the Occupational Safety and Health Act, where the Defendants are imposing various duties to secure the safety of workers who are in charge of risk at the business site and to take safety measures and health measures to prevent risks that may occur to the workers, it is necessary to punish the victims with severe importance.
However, the Defendants recognized all of the instant crimes and against the Defendants, the Defendants did not have any record of being punished for the same crime, the Defendant Co., Ltd. subscribed to accident insurance for employees, and the victim’s bereaved family members received total of KRW 74,870,640 from the Korea Workers’ Compensation and Welfare Corporation on May 22, 2014 according to the said insurance contract, and the Defendants received total of KRW 74,870,640 from the Korea Workers’ Compensation and Welfare Corporation under the said insurance contract, and the fact that the victims’ bereaved family members and the bereaved family members do not want punishment against the Defendants when
In full view of the above unfavorable circumstances and favorable circumstances, and other circumstances, such as the Defendants’ age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, etc., as seen above, the lower court’s punishment is somewhat unreasonable, and thus, the Defendants’ assertion is reasonable.
3. Thus, the defendants' appeal is justified.