산업안전보건법위반등
The prosecutor's appeal is dismissed.
1. The judgment of the court below against the defendants on the summary of the reasons for appeal (the defendant A: imprisonment of August, the suspended sentence of two years, and the fine of ten million won in case of the defendant B) is too uneased and unreasonable.
2. Determination
A. In light of the fact that the sentencing is determined within a reasonable and appropriate scope by comprehensively taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing is determined after the appellate court’s ex post facto review nature, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions for sentencing compared to the first instance judgment, and the first instance sentencing does not deviate from the reasonable scope of discretion. Although the first instance sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the sole ground that the difference between the appellate court’s opinion and the first instance judgment is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).
Therefore, the prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.