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(영문) 수원지방법원 2018.06.05 2017노8292
산업안전보건법위반
Text

The judgment of the court below is reversed.

Defendant

Defendant B is punished by fine of KRW 7 million, and Defendant B is punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (the fine of KRW 7 million for Defendant A, Defendant B and C: 6 months for each of the imprisonment, and 2 years for suspended execution) is too unreasonable.

2. Before making a judgment on the grounds of ex officio appeal, the lower court, ex officio, omitted the application of the relevant legal provisions on the facts charged in relation to paragraphs 1-b and 3-b of Article 1-2 of the facts charged against Defendant A and B, and selected a sentence of imprisonment to Defendant C who committed a crime of occupational injury or injury resulting from occupational injury, for which imprisonment without prison labor or a fine is provided, and a crime of occupational injury or injury resulting from occupational injury.

Therefore, the judgment of the court below is erroneous in the application of the law and affected the conclusion of the judgment, and the facts charged against Defendant A and B should be sentenced to a single punishment pursuant to the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be exempted from the

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendants' unfair assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

【Grounds for the judgment to be used again】 Criminal facts and summary of evidence against the Defendants recognized by this court are identical to the records in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 71, 66-2, and 23(1)2 of the Industrial Safety and Health Act; Article 35(1) of the Act on the Protection, etc. of Dispatched Workers (the point of death of an employee due to a violation of safety measures); Articles 71, 67 subparag. 1, and 23(1)2 of the Industrial Safety and Health Act; Article 35(1) of the Act on the Protection, etc. of Dispatched Workers (the point of violation of safety measures)

B. Defendant B: Articles 66-2 and 23(1)2 of the Industrial Safety and Health Act, and Article 35 of the Dispatched Workers Protection Act.

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