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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles have no occupational negligence on the defendant, and even if the defendant was negligent, there is no causal relationship between the victim's injury and the defendant's occupational negligence.
B. The sentence imposed by the lower court on the Defendant (six months of imprisonment without prison labor and one year of suspended execution) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined in the judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendant is the actual owner of the field part of the construction site of this case and the operator of the construction company, and the defendant is responsible for managing and supervising the construction site of this case, ② the defendant directly issued work instructions to the workers, and the case occurred while performing the removal work of the tent ordered by the defendant, ③ according to the general safety rules, the workers in the use of the gate shall work with the gate separate the gate, and the gate shall be assembled and installed, and the safety gate shall be connected to the safety gate and wear the safety gate. ④ The workers in the construction site of this case and the defendant work without wearing the safety gate at ordinary times, and the defendant seems to have failed to provide specific safety education on wearing the safety gate or safety gate, ⑤ The victim may be found to have been negligent in performing his duty of care as a result of the defendant's injury to the defendant.
Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.
B. The defendant has no criminal record of the same kind, and the victim's negligence also contributed to the occurrence of the instant case.