beta
Text
The judgment below
The parts against the Defendants are reversed.
Defendant
B The Defendant C shall be subject to a fine of KRW 20 million.
Reasons
1. Each sentence (Defendant B: 8 months of imprisonment with prison labor and 2 years of suspended execution, Defendant C: 4 months of suspended execution and 1 year of suspended execution) declared by the lower court is too unreasonable.
2. The Defendants’ unfavorable circumstances are as follows.
In order to protect the safety of on-site workers at construction sites, the Defendants neglected the duty imposed by the relevant statutes, such as the Industrial Safety and Health Act, and due to this, the victims were on board and moved to a mobile artist illegally remodeled, resulting in the death of three of them and the death of the rest of one of them and the injury of four weeks in full.
The circumstances favorable to the Defendants are as follows.
The Defendants shown the attitude against each of the crimes of this case in a net fashion.
Defendant
B agreed with both the victim and the victim, and in particular, the victim O, the bereaved family members of Q, and the victim P re-written a written application of the above defendant's prior action.
Defendant
C agreed with the victims and their bereaved family members except for the victims R.
In addition to the industrial accident insurance money of D, the co-defendants of the court below, the Defendants seems to have made a serious effort to recover damage by paying a considerable amount of money to the victims.
Defendant
B is an initial crime, and Defendant C has no record of criminal punishment exceeding a fine.
In addition, taking into account the following factors: the Defendants’ age, sex, family relationship, motive, means and consequence of the crime, and all of the sentencing conditions stated in the records of the instant case, such as the circumstances after the crime, etc., the above punishment imposed by the lower court is too unreasonable.
3. Thus, the part of the judgment of the court below against the Defendants among the defendants is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and it is again decided as follows.
[Judgment to be used again]