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(영문) 수원지방법원 2013.03.21 2012노5696
산업안전보건법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment, two years of suspended execution, and one hundred and twenty hours of probation) is too unhued and unreasonable.

2. In light of the judgment, the Defendant and Co-Defendant B, who is responsible for safety management at the construction site and Co-Defendant B, who failed to take safety measures, such as the installation of a rain gauge, etc. without paying the safety cap and safety altitude, neglected the duty of safety care to the victimJ at the site where the safety control is at risk of fall 5 meters above the ground, thereby causing the above victim to fall and die, and resulting in the result of the damage is very serious. Thus, there is a need to strictly punish the Defendant.

However, in the meantime, the conciliation has been completed to the effect that “the defendant and B shall pay to bereaved family members each of the above 20 million won agreed upon to the bereaved family members of the victim,” the victim’s bereaved family members may receive the industrial accident insurance money due to the instant accident, and the defendant’s previous convictions due to drinking, driving without a license, etc. are five times more than one suspended sentence, and there are no previous convictions or similar crimes in the records and arguments in the instant case. In full view of all the circumstances revealed in the record and arguments, the court below’s sentence against the defendant is too unreasonable.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and it is so decided as per Disposition by Article 364 (1) of the Rules on Criminal Procedure (However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the "victim F (44 years old)" in the crime column

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