2. In light of the legislative intent of the Occupational Safety and Health Act, which imposes various safety measures to maintain the safety and health of workers by preventing industrial accidents, there is a serious result of the worker's death due to the defendant's breach of duty to take safety measures, and in order to prevent industrial accidents, it is necessary to strictly punish the defendant in violation of the duty to take various safety measures. Although the defendant has past two times, it is recognized that the defendant has committed the crime of this case, it is against the fact that the defendant recognizes the crime of this case, industrial accident insurance has been processed, and the defendant has deposited 40 million won for M which is the victim's bereaved family member, at the court below, the defendant paid 20 million won to M in accordance with the settlement recommendation decision, and the defendant has paid 20 million won to M in accordance with the above settlement recommendation decision, and M does not want to be punished against the defendant at present, and the defendant's age, character and conduct, environment, motive, means and result of the crime, etc., and the records and circumstances of this case after the crime are considered unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.