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(영문) 대법원 2016.09.23 2016도8311
업무상과실치사등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds for appeal by Defendants A, B, G, H, and I, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal is allowed for the wrongful grounds for sentencing. As such, the allegation that the amount of punishment imposed on the above Defendants is unfair is not a legitimate ground for appeal.

2. Examining the reasoning for the appeal by Defendant C, D, E, and F in light of the evidence duly admitted by the court below, the court below was just in finding Defendant D and E guilty of violating the Industrial Safety and Health Act due to the violation of the work suspension order among the facts charged in the instant case against Defendant D and E, on the grounds stated in its reasoning. In so doing, the court below did not err by misapprehending the logical and empirical rules and exceeding the bounds of free conviction, or by misapprehending the legal principles on emergency evacuation or by misapprehending other relevant legal principles, as alleged in the grounds for appeal.

On the other hand, Defendant E Co., Ltd’s grounds of appeal on the violation of the Industrial Safety and Health Act due to the violation of preventive measures against industrial accidents are only made in the final appeal to the court of final appeal to the effect that Defendant E Co., Ltd.’s grounds of appeal or the lower court did not make ex officio

In addition, according to the records, Defendant C and F appealed against the judgment of the first instance court, and they asserted only the unfair sentencing on the grounds of appeal.

In such cases, the allegation that the lower court erred by exceeding the bounds of the principle of free evaluation of evidence or by failing to exhaust all necessary deliberations is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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