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(영문) 광주지방법원 2014.10.10 2014노542
산업안전보건법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued and unreasonable.

2. The judgment of the court below results in the death of the victim due to the accident of this case, the fact that the defendant did not agree with the victim's bereaved family members, etc. is disadvantageous circumstances, or the fact that the defendant recognized the crime of this case and seems to be contradictory to the defendant, and the negligence of the victim in the work radius without maintaining sufficient distance even though he was to move the steel scrap equivalent to 200 km, seems to have affected the occurrence of the accident of this case. The defendant made efforts to recover damage, such as deposit of the victim's bereaved family members at the court below 10 million won, additional one million won at the time, and deposit of the victim's bereaved family members at the request of the defendant, and deposit KRW 10 million for the victim's bereaved family members at Samsung Fire Marine Insurance Co., Ltd. under the Automobile Accident Compensation Guarantee Act, and the defendant paid KRW 100 million to his bereaved family members at the time of Samsung Fire Insurance Co., Ltd. under the Automobile Accident Compensation Act, and the defendant's environment, character and behavior, circumstances and result of this case's punishment are not recognized.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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