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(영문) 의정부지방법원 2013.09.06 2013노246
산업안전보건법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable.

2. It is true that the act of failing to take safety measures on the part of the workplace having the risk of an accident, such as this case, is in need of strict punishment in order to prevent the possibility of causing harm to the life and body of workers.

However, comprehensively examining all of the sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the crime, etc., that the Defendant installed a cover on the risk side of the judgment of the court below and completed the corrective measures, the Defendant did not have the same criminal records, and the Defendant’s age, character and conduct, environment, family relationship, circumstances after the crime was committed, etc., the sentence of the court below is deemed to be too uneasible and unfair. Therefore

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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