beta
Text
The defendant's appeal is dismissed.
Reasons
1. The punishment (six months of imprisonment) sentenced by the first instance court on the gist of the grounds for appeal is too unreasonable;
2. In full view of various circumstances that are favorable to the defendant, including the fact that the defendant committed a crime in the appellate trial, committed a mistake and divided the errors, the fact that there is no same criminal history, and the victim appears to have been treated as an industrial accident through the contracting company, and the funeral expenses and survivor pension, etc. are being paid. Meanwhile, the defendant's death as a result of the defendant's negligence in violation of the duty to take safety measures, and the nature of the crime is not good, the victim's bereaved family members and bereaved family members did not reach an agreement, and there is no change in sentencing conditions that may be particularly considered in the appellate trial, and other circumstances that are conditions for sentencing, such as the defendant's age, character, character, environment, family relationship, motive, means and method of the crime, and the circumstances after the crime, even if considering all the circumstances claimed by the defendant, it is difficult to deem that the sentence of
Therefore, the defendant's above assertion of unfair sentencing is not accepted.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, during the application of the law of the first instance judgment, '1. Relevant legal provisions concerning criminal facts
A. Defendant A: Article 268 of the Criminal Act, Articles 71, 66-2, and 23(3) of the Occupational Safety and Health Act (the point of death of an employee due to breach of duty to take safety measures) are applicable to the crime on January 1.
A. Defendant A: Inasmuch as it is apparent that it is a clerical error in the context of Article 268 of the Criminal Act, Articles 66-2 and 23(3) of the Occupational Safety and Health Act (the point of death of an employee due to breach of duty to take safety measures), Defendant A is to correct it in accordance with Article 25(1) of the Regulations on Criminal
.