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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant, through the field manager, educated the victim that he would not enter a dangerous place, such as mechanical room, but the victim did not follow this and entered the place where laundry was put into a dry season through a stacker, and the accident of this case occurred. Thus, the defendant was found to have committed a crime of violation of the Occupational Safety and Health Act and a crime of occupational negligence resulting in death on the ground that the defendant did not perform his duty to take safety measures even though he did not commit the death of the victim.
B. The Defendant asserts that the sentence imposed by the lower court (a fine of five million won) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The Defendant is a business owner who engages in waste treatment and hospital washing goods disposal business under the trade name of Jinju-si Co., Ltd., and a safety and health management manager in charge of safety and health management of employees belonging to D.
On November 22, 2013, the Defendant, around 17:47, had the victim E (32 years of age) who is an employee of the said D, work to transport laundry discharged from laundry machines.
However, the above workplace is a place where there is a risk of disaster, such as collision, compromise, etc. in the event of workers' entry into and exit from the space, since laves are moving from the laundry water discharged from the laundry machine to the air through the process of operating the laundry in a dryer due to the increase or movement of laundrcers, and then the laves structure and the laves laves laves laves laves laves laves laves laves laves laves laves laves laves laves laves. In such cases, the Defendant, who is the business owner, engaged in safety management of workers, is a laves laves,