Defendant

All appeals filed by B and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant B (1) As the work plan for misunderstanding the legal principles and mistake of facts is prepared regarding safety measures generally required for the work, Defendant B (hereinafter “Defendant B”) cannot prepare a work plan for specific safety measures, in advance, even in exceptional cases such as the instant accident.

In addition, the accident of this case was caused by the wind that Defendant A, who was awarded a subcontract for the filing of a complaint, excessively manipulates booms or narrows the development of booms, and Defendant B took all necessary safety measures, such as allocating signal numbers to the site.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty.

2) The punishment sentenced by the lower court to Defendant B (an amount of KRW 5 million) is too unreasonable.

B. The sentence imposed by the lower court on the Defendants (Defendant A: June of imprisonment without prison labor; one year of suspended execution; and five million won of fine) is too uneased and unreasonable.

2. Judgment on the grounds for appeal

A. Defendant B’s assertion of misunderstanding of the facts and misapprehension of the legal principles as to Defendant B’s assertion 1) Defendant A is a person who is engaged in driving of the EKY450 accusation vehicle (hereinafter “the instant accusation vehicle”).

Defendant

A, around June 28, 2016, at around 14:10, G, 30 KV factory outer walls 2BAY located in Ulsan-gu, Ulsan-gu, G, Inc., the production department of 300 KV factories outside the above vehicle, carrying the victim I (43 tax) and J (59 tax) with approximately 27 meters booms, thereby strengthening the boom boom of the roof eaves of the building for the prevention of typhoon damage (hereinafter “the instant work”), and the instant work was carried out to prevent rainwater's infiltration into the building (hereinafter “the instant work”).

In such cases, the defendant who operates an accusation vehicle shall be a position controler (the length of boom boom boom/ each degree measurement center: the length of boom boom boom.