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(영문) 청주지방법원 2019.02.14 2018노1004
산업안전보건법위반등
Text

1. The part of the judgment below against Defendant C is reversed.

Defendant

C shall be punished by a fine of seven million won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year of imprisonment with prison labor for six months and one year of suspended execution) against Defendant C is too unreasonable.

B. The Prosecutor (Defendant A, Defendant B, and Defendant G Co., Ltd.)’s each sentence of the lower court (Defendant A: 6 months of imprisonment, 1 year of suspended execution, 4 months of imprisonment without prison labor, 1 year of suspended execution, 1 year of suspended execution, and 2 million won of fine) against the said Defendants is deemed to be too uneasible and unfair.

2. Determination

A. The lower court’s determination on Defendant C’s assertion of unreasonable sentencing is as follows.

The defendant, as a person in charge of safety and health management of G corporation, has caused the death of the victim by negligence who did not place a leading person while moving a marina by using a excavated machine at a construction site. In light of the degree of violation of the duty of care and the gravity of the result, the crime is not exceptionally applied.

The conditions favorable to the defendant shall be as follows:

The Defendant is an initial criminal who had no record of criminal punishment, and is against his depth while making a confession of all of the instant crimes.

In agreement with the bereaved family members of the victim, they have not been punished for the defendant, and the defendant's will also want the defendant's wife.

In addition, considering the various sentencing factors indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime, the lower court’s punishment against the Defendant is deemed to be too unreasonable.

B. The Prosecutor’s assertion of unfair sentencing against Defendant A, Defendant B, and Defendant G Company was examined on the assertion of unfair sentencing, and the instant accident caused the victim’s death by occupational negligence by failing to take safety and health measures, such as the Defendants’ work using the excavated machine while failing to place a guide, etc., and thus, caused the victim’s death.

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