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(영문) 창원지방법원 2014.07.10 2014노509

업무상과실치사

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that the crime of occupational negligence and the crime of occupational death and the crime of violation of the Occupational Safety and Health Act are conceptual concurrences, resulting in an appeal for the modification of indictment

2. Ex officio determination

A. When the prosecutor who was permitted to change the indictment was in a trial room, "violation of the Occupational Safety and Health Act" in the name of the defendant, "Article 66-2 and Article 23 (3) of the Occupational Safety and Health Act" in the applicable provisions of the Act, and "Article 40 of the Criminal Act" in addition to the facts charged as stated in the indictment, and the judgment of the court below is no longer maintained as the case was changed by this court permitted it

B. The defense counsel's assertion and the defense counsel's appeal are without interest in the prosecutor's appeal, and the prosecutor's appeal should be dismissed because the grounds for appeal submitted within the period for submission of the grounds for appeal are not specifically specified in Article 361-5 of the Criminal Procedure Act.

Article 361-3(1) of the Criminal Procedure Act provides that an appellant or defense counsel shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which he/she receives a notification of the receipt of the trial records, and Article 155 of the Regulation on Criminal Procedure provides that the statement of grounds for appeal or written reply shall clearly state the reasons for appeal or written reply, and it is reasonable to deem that the entry of a petition of appeal

(2) According to the records, the prosecutor stated in the petition of appeal that the scope of the appeal is “total (to be charged with an additional case)” and “the defendant is under investigation due to a violation of the Occupational Safety and Health Act, so it should be consolidated to undergo an examination.” The appellate brief submitted on March 10, 2014, which is within the period for submitting the petition of appeal, is the appellate brief.”