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(영문) 대구지방법원 2017.05.31 2016노5201
산업안전보건법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in the month of imprisonment for eight months, and one hundred and sixty hours of community service order) is too unhued and unreasonable.

2. The crime of this case by mistake that the Defendant did not fully take safety measures at the construction site, resulting in the fall accident of the victim, and eventually resulting in the death of the victim, and the result of the crime of this case is not minor.

No agreement has been reached with the bereaved family members of the victim.

However, in full view of the following facts: (a) the Defendant’s mistake is against the victim; (b) deposited KRW 5 million against the victim’s bereaved family members; (c) taking into account the favorable circumstances that there was no record of the offense exceeding the fine imposed against the Defendant; and (d) other factors of the sentencing specified in the records and arguments, such as the Defendant’s age, sex, environment, circumstances leading to the commission of the offense; (b) the means and consequence after the commission of the offense, etc., the lower court’s punishment is too uneasible

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. The main text of Article 62(1) of the Act on the Suspension of Execution of 1. Article 62(1) of the Criminal Procedure is clearly omitted from “1. Social Service Order Article 62-2 of the Criminal Procedure Act” in the application of the law of the court below, and it is so decided as per Disposition by the court below to revise it ex officio in accordance with

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