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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. The judgment of this case results such as the death of the victim H due to the accident of this case. Nevertheless, it seems that the defendant did not agree with the above victim's bereaved family member, but the defendant's fault was unfavorable, or that there was no record that the defendant was punished for the same crime, the defendant's limited liability company as the custodian could not agree without permission with the court due to the relationship in which rehabilitation procedures commenced, and there is no dispute over the above victim's affiliation, etc., and the above victim's compensation for the above victim's bereaved family member's compensation is included in the rehabilitation plan C of the above limited liability company, which is now included in the above limited liability company's rehabilitation plan of the above limited liability company, it is anticipated that some damage will be recovered in the future. The accident of this case goes through the block under work outside the safety passage set by the limited liability company C, and the above victim is also partly responsible for the occurrence of the accident of this case, and the defendant's age, character and behavior, environment, the circumstances of the crime of this case and the circumstances after the crime are not justified.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
(However, Article 67 and Article 23 of the Occupational Safety and Health Act (Article 67 and Article 23 of the Occupational Safety and Health Act) is clearly erroneous entry under Article 67 subparag. 1 and Article 23 of the Occupational Safety and Health Act, and such error is corrected under Article 25(1) of the Rules on Criminal Procedure