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(영문) 대법원 2019.10.17 2019도2691

산업안전보건법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the public prosecutor, the lower court acquitted Defendant C of the charges on the violation of the Occupational Safety and Health Act and the charges on Defendant D Co., Ltd. on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Occupational Safety

2. As to the Defendant C’s grounds of appeal, the lower court found Defendant C guilty of the part on the death by occupational negligence among the facts charged against Defendant C.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 the duty of care in the crime of occupational death

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