산업안전보건법위반
All appeals by the Defendants are dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (the fine of KRW 10 million for Defendant A corporation, the imprisonment of KRW 10 million for Defendant B: 10 months for probation, two years for probation, and the community service order of KRW 160 for each community service order) is too unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the circumstances that form the conditions for sentencing as indicated in the records and pleadings in this case, the lower court’s sentencing is too unreasonable and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
Therefore, the Defendants’ assertion of unreasonable sentencing is without merit.
3. In conclusion, the Defendants’ appeal is dismissed as it is without merit. It is so decided as per Disposition.