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(영문) 대구지방법원 2018.04.27 2017노5410
산업안전보건법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too uneasy and unfair.

2. The judgment of the Defendant, even though he was in the position of overall control over the safety management duties at the construction site of this case, failed to take all safety measures to prevent industrial accidents, which eventually resulted in a serious result that the victim’s death may not be complied with. In light of the circumstances of this case, the Defendant’s negligence is not somewhat weak and did not receive a letter from the bereaved family members.

On the other hand, it is advantageous to the fact that the defendant is the first offender who has no power to impose any criminal punishment, that the defendant has endeavored to reach an agreement, that the victim's bereaved family members are expected to have been paid industrial accident compensation, and that the victim's bereaved family members are in the process of compensation through civil action against the defendant, so it is expected that certain damage can be recovered by bearing the obligation to compensate for damage.

In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.

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

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