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(영문) 의정부지방법원 2015.12.18 2015노1807

산업안전보건법위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Judgment on the grounds of appeal by Defendant B

A. The summary of the grounds for appeal is unreasonable because the penalty (5 million won of a fine) imposed by the court below on the defendant is too unreasonable.

B. Determination is based on the following facts: (a) the Defendant led to the confession of the facts constituting the crime of this case and made a statement that the Defendant is against the mistake; (b) the bereaved family members do not want the punishment of the Defendant by mutual agreement with the bereaved family members prior to the institution of the instant indictment; (c) the amount of compensation for industrial accident compensation insurance is deemed to have been paid to the victims; and (d) the victim is partly responsible for the occurrence of

However, in light of the content, method, degree of damage, etc. of the crime in this case, it is anticipated that the crime in this case could have prevented a certain degree if the crime in this case was committed at least with safety appearance in order to prevent the expansion of damage caused by the fall accident. The result of the "victim's death" could have been provided. The victim's bereaved family members suffered a huge mental distress that makes it difficult for the victim to fully recover through the crime in this case. In full consideration of various circumstances, the court below found that the court below sentenced to a fine of KRW 7 million in a summary order to partially reduce a fine of KRW 7 million, and there is no special change of circumstances that can reduce the sentence of the court below at the trial, balance with the general sentencing in the same or similar case, and other circumstances that constitute the conditions for the sentencing in this case, such as the background, means, and consequence, possibility of recidivism, the possibility of recidivism, the content and degree of violation of duty of care, the circumstances after the crime, relationship with the victim, economic circumstances, etc., the defendant's assertion that the court below's judgment is reasonable and unreasonable.

2. Defendant A’s appeal