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(영문) 대전지방법원 2018.06.22 2017노3846
업무상과실치사등
Text

The judgment of the court below is reversed.

Defendant

A Fine of 10,00,000 won, Defendant B Co., Ltd. shall be fined of 7,000,000 won.

Reasons

1. The sentence of the lower court (for Defendant A, six months of imprisonment, one year of suspended execution, and fine of ten million won in case of Defendant B) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. In the instant accident, young young children who were 27 years of age was deprived of their hiding.

This is a serious damage that cannot be observed.

However, the Defendants deposited a considerable amount of money for the bereaved family members of the victim in the court below, and agreed in the case of the party, and the bereaved family members of the victim want to have the right of the victim.

The Defendants seems to have concluded an entrustment contract on the Korea Industrial Safety Association and the safety control affairs and undergo a regular safety inspection, and have taken measures to prevent safety accidents, such as supplementing the safety control system according to the recommended matters.

Defendant

A is an initial crime with no criminal history.

In full view of the above circumstances and all of the sentencing conditions on Defendant A’s age, sexual conduct, environment, the degree of negligence of the Defendants revealed in the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court to the Defendants is too unreasonable.

The defendants' argument of sentencing is justified.

3. As the Defendants’ appeal is well-grounded, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered following the pleadings.

【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the reasoning of the judgment below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 66-2 and 23(1)2 of the Industrial Safety and Health Act; Articles 232, 311, and 325(2) (i.e., death of a worker due to a violation of safety measures) of the Rules on Industrial Safety and Health; Article 268 of the Criminal Act;

B. Defendant B: Industrial Safety and Health Act.

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