업무상과실치사등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (fines 7,00,000) is too unhued and unreasonable.
2. In light of the fact that the Defendant, as a person in charge of safety and health management, was in a position to protect workers by taking all possible measures to ensure the safety of workers placed in the industrial field with danger, but the victim J, who is an employee, has collapsed the pit pumps due to negligence in violation, and the victim K, who suffered an injury requiring approximately two weeks medical treatment, the crime is disadvantageous to the disadvantage of the Defendant.
However, in light of the favorable circumstances, such as the Defendant’s mistake, the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and all of the sentencing conditions in the instant case, such as the following: (a) the Defendant’s error is divided and reflected; (b) the Defendant appears to have been damaged most by mutual agreement with the bereaved family members of the victimJ; (c) the victim K’s injury was not excessive; and (d) the Defendant left the victim K’s injury; and (c) the Defendant has not been punished for the same crime; and (d) the Defendant has no record of re-offending in the future; and (e) the Defendant’s age, character and conduct, circumstances after the instant
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.