산업안전보건법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the court below's punishment (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable;
2. The judgment of the Defendant did not take measures to prevent the fall of on-site workers while performing the instant construction work, and the occurrence of the result that the victim died while falling down in the steel structure, etc. is contrary to the Defendant’s fault recognition, and is contrary to the Defendant’s fault recognition, the Defendant paid a certain amount of money to the bereaved family members of the victim through the Korea Workers’ Compensation & Welfare Corporation and the insurance company, the Defendant reached an agreement with the bereaved family members of the victim during the trial, while having reached a majority of the previous convictions, the Defendant did not have any previous convictions exceeding the fine, and taking into account all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, the circumstances after the crime, etc., it is deemed unfair to have
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 66-2, Article 23 (3) of the Occupational Safety and Health Act (the occupation of death of an employee due to the failure to take measures to prevent piracy) and Article 268 of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act is more favorable than that of the above reversal;