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(영문) 수원지방법원 2014.03.27 2013노5317
산업안전보건법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The crime of this case is serious to the extent of damage caused by the defendant's occupational negligence in charge of the safety management of the removal of the panel of the building.

However, in full view of all the sentencing conditions shown in the arguments of this case, including the fact that the defendant reflects his mistake in depth, the fact that the defendant has no record of the same crime, and the defendant has agreed with the bereaved family members of the victim in the time of the trial, and the defendant has reached a full agreement with the bereaved family members of the victim, etc., the sentence imposed by the court below is somewhat inappropriate.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 268 of the Criminal Act, Articles 66-2 and 23 (3) of the Occupational Safety and Health Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a violation of the Occupational Safety and Health Act heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

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