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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant (misunderstanding of facts, misunderstanding of legal principles) did not constitute a profit-making facility that imposes two or more safety personnel on “two or more” under the relevant statutes, and at the time of the instant following water accident, B was exclusively in charge of the safety duties under the direction or implied consent of A, and the Defendant’s actual duty to work for the safety of the safety of the safety of the safety of the safety of the safety of the safety of the safety of the safety of the safety of the safety of the Defendant.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged in this case on the premise that the Defendant was a safety personnel at the time of the above-mentioned accident with B, is erroneous in the misapprehension of legal principles, which affected
B. The prosecutor (unfair sentencing)’s penalty of KRW 2 million imposed by the lower court is too uneased and unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court to determine the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine, i.e., the person in charge of the safety management of swimming pool at G
A stated in the court below to the effect that “one person who takes safety measures at the time of a physiological phenomenon or accident is in a state of absence of safety personnel, so two safety personnel was assigned to the site of safety work” and that two persons were assigned to the site of safety work (it appears that the above sports center voluntarily posted two safety personnel even if it is a non-profit facility not subject to relevant Acts and subordinate statutes). ② The Defendant and B: (a) entered his name in the site of the instant following water accident, which is 16:0 to 17:00, the time of the instant following water accident prepared and announced by A, and signed in the confirmation column; (b) at least during the above period, the Defendant and B were stationed in a swimming pool without any sign, and thus it is practically impossible for them to work as safety personnel.
8.2.3.