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(영문) 창원지방법원 2021.02.17 2020노2698
산업안전보건법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (defendants) (two years of imprisonment) by the lower court is too unreasonable.

2. The Defendant’s failure to take safety measures would result in the victim’s death, and the Defendant’s failure to take safety measures is disadvantageous.

On the other hand, considering the fact that the defendant reflects the mistake, the circumstances leading up to the occurrence of the accident of this case, the details of the victim's work, etc., the responsibility of the accident of this case cannot be attributed to the defendant only, the defendant does not want the punishment of the victim's bereaved family members under the agreement with the bereaved family members in the trial of the party, the victim's bereaved family members are expected to receive the bereaved family's benefits of a considerable amount in addition to the amount agreed upon by the victim's bereaved family members, and the defendant does not have

In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment is too unreasonable as it is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 Criminal facts and summary of evidence recognized by this court, and summary of evidence, are cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where “the machinery machinery machinery apparatus” as “the machinery and apparatus” as “the machinery and apparatus” under Article 2 of the judgment of the court below, and thus, it is identical to each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 167(1), Article 38(2) (the occupation of death of a worker), Article 168 Subparag. 1, Article 38(1)3 (the occupation of failing to take safety measures) of the relevant Act on the Safety and Health of Industry, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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