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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts) is insufficient to prove that the Defendant used the ceiling cream from June 28, 2013 to November 29, 2013 at the Defendant’s workplace, as stated in the facts charged in the instant case, and did not install or set up an emergency stop device, which is a safety device.
In light of the fact that the defendant was acquitted, but the facts charged in this case are fully recognized, so the judgment of the court below is erroneous.
2. Determination
A. The Defendant, as the representative of Daegu-gu Busan District Office C, is a business owner who ordinarily employs five workers and engages in the processing and recycling of plastic materials production business, and is responsible for all matters concerning safety and health of workers belonging to the place of business.
A business owner shall take measures necessary for the prevention of any danger caused by equipment, such as machinery, apparatus, etc., in operating his/her business, and as part of the measures, he/she shall adjust in advance both mid-term (including mobile straws), emergency stop devices and brakes so that they can work normally.
Nevertheless, from June 28, 2013 to November 29, 2011 of the same year, the Defendant did not install or set up an emergency stop device, which is a safety device of 1t in a fixed-style gale gale gale, being used at the same place of business.
B. The lower court’s judgment: (a) based on the evidence duly admitted and examined in the lower court; (b) the Defendant operated a factory (hereinafter “Tgu factory”); (c) on February 19, 2013, the Appellant F was in an accident where the arms was pushed down while the cream was engaged in the mobile cream work at the above Daegu factory; (b) on November 201, 2013, the Defendant transferred the place of business, etc. using the cream to G (hereinafter “old factory”); and (c) from the beginning in the old factory, the cream was installed, and the cream used at the Daegu factory was not relocated.