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(영문) 울산지방법원 2019.01.18 2018노1077

업무상과실치사

Text

Defendant

All appeals filed against the defendant B, C, D, and E by the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles are the case where a victim of a mistake of facts and misunderstanding of legal principles were found guilty of this part of the facts charged, even though the victim could not be deemed to have caused the death of the victim due to his occupational negligence, the victim was found guilty of the facts charged by mistake of facts and misapprehension of legal principles on the defendant's punishment of unfair sentencing (6 months without prison labor) which is too unreasonable, because it is too unreasonable for the court below to find the defendant's punishment (6 months) against the defendant of unfair sentencing to be too unreasonable.

B. Defendant B (Non-Submission of Statement of Reasons for Appeal) did not submit the written notification of the receipt of the trial records on the instant case to November 5, 2018 until the 20th day of the submission period for the grounds for appeal, even though the Defendant was served on November 5, 2018. In addition, the petition of appeal does not state the grounds for appeal and cannot find any reasons for ex officio examination even

C. In light of the prosecutor (defendant B, C, D, and E), Defendant B, and D’s investigative agency’s confession statement, site photographs corresponding thereto, a labor inspector’s report on investigation into serious accidents, and a disaster investigation opinion prepared by the Korea Occupational Safety and Health Agency, etc., the lower court found the Defendant guilty of the facts charged under Article 3-1(a), (4), (5), and (6) of the instant case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby acquitted the Defendant

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding Defendant A’s assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant is engaged in the business of transferring concrete of concrete mixtures, and is obliged to have a waiting time.