(영문) 대전지방법원 2014.06.25 2013노3164 | 리걸엔진

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(영문) 대전지방법원 2014.06.25 2013노3164

산업안전보건법위반등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. The crime of this case committed by the Defendant, as a business owner, did not take safety measures against the risk of fall while employing the victim as the stable, which was employed by the Defendant, and thus, did not take measures to repair the stable roof, and the victim was injured by the injury, such as the scambling and damaging the scambling from the stable roof, and the result is very serious, and the Defendant’s liability for the crime is disadvantageous to the Defendant.

On the other hand, the following are the circumstances favorable to the defendant: (a) the defendant repents his wrong and seriously against the defendant; (b) the victim's son F and the defendant who represented the victim for the time of the trial; (c) the victim did not want to be punished against the defendant; and (d) the defendant deposited KRW 10 million for the victim at the original trial; (b) the defendant was taking out an old plastic board without following the metal mold consisting of the bones of the roof of the stable; (c) the victim who repaired the roof of this case seems to have contributed to a certain portion of the accident; (d) the defendant is deemed to have faithfully performed parliamentary activities as a member of the Cheongyang-gun Council and contributed to the development of the community; and (e) the defendant has no criminal records other than those of a fine twice.

In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. On the other hand, the defendant's appeal is justified. Thus, the judgment below is made in accordance with Article 364 (6) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

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