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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The defendant does not pay the above fine.
Reasons
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (three million won of fine) is too uneased and unreasonable.
2. The judgment of this case was an accident that occurred while the victim was working in the mixed, and the victim appears to have had his ability and experience at the time of carrying out the instant work, and the employees of the company of this case stated that the victim was able to engage in the same mixed work (see, e.g., Supreme Court Decision 3: 203No. 203). The victim had been in fact carrying out the electric installations work related to low pressure connection for about 3 years prior to the instant case.
(Investigation Records 3: 294, 313). In fact, the victim weared the safety cap and safety shoes at the time, and the victim sawd only the face shields for general work on the ground that he was exempted from the clothes, without wearing the clothes.
(Investigation Records 3: (1) In addition, in the instant case (see, e.g., Disposition Record 1:32), while the victim was trying to find a low voltage line listed in the section with a special high voltage line (22,90V), it is reasonable to view that the victim’s negligence caused an accident to a certain extent, insofar as it appears that the victim was ordinarily accepted in light of the level of the work operator’s knowledge that he/she was going to go to the fore while he/she was going to the fore while going to the section with a special high voltage line (see, e.g., Investigation Records 82, 85, 173, 270).
However, the Defendant stated that the victim was a person waiting for the victim, but the victim was able to work in a mixed manner by having the victim get married, while the victim stated to the effect that he/she was forced to work in a mixed manner because he/she did not have any person working together, even though he/she requested the Defendant to work together, and that he/she was forced to work in a mixed manner.