산업안전보건법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable as the punishment (five million won penalty) declared by the court below is too unreasonable.
2. On the grounds of the above appeal ex officio prior to the determination on the grounds of the above appeal, the crime that resulted in the death of a worker in violation of Article 23(1) of the Industrial Safety and Health Act by failing to take measures on safety measures to prevent industrial accidents and thereby resulting in the death of the worker in violation of Article 23(1) of the Industrial Safety and Health Act, and the occupational duties and duties to take preventive measures under the Industrial Safety and Health Act and the occupational duties, and the result of the worker's death are identical. Thus, since one act constitutes two crimes of violation of the Industrial Safety and Health Act and violation of the Occupational Safety and Health Act, it is called a commercial competition relationship.
Therefore, the judgment of the court below is erroneous in the misunderstanding of legal principles as to the number of crimes, which affected the conclusion of the judgment, since each of the above crimes is deemed to have a substantive concurrent relationship, and the court below increased the number of concurrent crimes in accordance with the former part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below is no longer maintained.
3. Therefore, the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 66-2 and 23(1) (the point of death of a worker due to a violation of the duty to take preventive measures against danger) of the relevant Act on criminal facts, and the Criminal Act;