All appeals by the Defendants are dismissed.

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendants to the punishment (6 months of each imprisonment without prison labor and 2 years of suspended execution) is too unreasonable.

Judgment

① The Defendants recognized their mistakes from the investigation stage to their depth, ② the victim’s bereaved family members were paid KRW 70 million in advance from the company employed by the Defendants prior to the trial, and the said company subscribed to industrial accident compensation insurance, and the victim’s spouse was expected to receive KRW 161,330,00 as the bereaved family’s benefits, and paid KRW 7,158,430 as funeral expenses (the trial record 36,50-52 pages), ③ Defendant B was the first criminal, and Defendant F was not the same criminal and was only the previous criminal of a fine for this offense.

On the date of the instant accident, the second floor of the “E” was scheduled to carry out a Kap seal work (a steel plate work between the Kap floor and the building so that vehicles can safely move into the building if they enter the Kap) and a concrete building. However, safety rail of the second floor was temporarily dismantled because it is too wide from the point where the Kap seal is installed, and thereafter, 2 through 3 persons, including victims, have been engaged in the work of moving concrete from the rap vehicle to the pumps connected with the rap car and spreading concrete.

However, at the time of the instant accident, the victim lost the balance between the instant accident and the instant accident, and the victim went off from the safety appearance because the victim did not wear the safety appearance properly (Evidence 91-93) and was not protected (Evidence 91-93). In the relevant civil case, the foregoing company considered the negligence of the victim and the advance payment of damages amounting to KRW 70,000,000 as well as the scheduled payment of KRW 161,330,00 as bereaved family benefits.