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(영문) 청주지방법원 2014.04.10 2013노1050
산업안전보건법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the defendant, despite the duty to prevent the danger of workers at the construction site, is disadvantageous to the fact that the defendant, without the worker access prohibition measures or the guidance of the person in exclusive charge, operated the locker, and that there was a serious result that the victim's death cannot be complied with due to the crime of this case.

However, the instant accident occurred in order to prevent traffic congestion during the work period prior to the commencement of the work on the day, and it appears that the necessary emergency measures were taken for the victim immediately after the occurrence of the accident. The victim's bereaved family members do not want punishment, and the victim's bereaved family members do not want the punishment, and the defendant repent and reflects his mistake, the defendant does not have the same criminal record, and all of the sentencing conditions in the instant records and arguments, including the defendant's age, character and behavior, environment, and circumstances after the crime, etc., shall not be deemed to be unfair because the sentence imposed by the court below is too unreasonable.

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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