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(영문) 광주지방법원 2014.11.12 2014노1099
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 of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. Although there are unfavorable circumstances, such as the Defendant’s negligence in the course of the crime committed by the victim’s occupational negligence leading to the death of the victim, the Defendant’s mistake was recognized by himself, the Defendant’s agreement with his bereaved family members, and some aspects of the expansion of damage by performing water-puri work not instructed by the victim are favorable. In addition, in full view of the circumstances leading to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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