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(영문) 대법원 2020.02.27 2019도18182

업무상과실치사등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The first instance court found Defendant A guilty of the facts charged against the Defendants on the ground that Defendant A’s death caused the death of the victim due to tensions between the facility dyp and the fixed facility dyp, etc., due to tensions between the facility dyp and the fixed facility dyp.

However, in addition to the evidence of the first instance trial, the lower court found the Defendants not guilty of the charges on the part of the Defendants, by further examining the labor inspector and employees belonging to the Industrial Safety and Health Authority and the employees belonging to the Industrial Safety and Health Authority, and further examining the attitude or location where the victim could contact with packaging machinery equipment, etc., as a witness, and determining that it cannot be ruled out the possibility that the victim would be urgently dead due to the suspension, etc. within the short time due to an irregular or fatal cause, regardless of the characteristics of the working environment, rather than the above-mentioned tension-

The judgment below

Examining the reasoning and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on causation and probative value of the crime of occupational death and the violation of the Occupational Safety

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.