The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal (unfair sentencing: Imprisonment with prison labor for eight months;

2. Determination is based on the following facts: (a) the Defendant neglected to take safety measures such as the inspection of electricity at ordinary places of business; and (b) the victim died; and (c) the Defendant’s liability for the crime ought to be followed by the Defendant.

However, in full view of the fact that the defendant led to the crime of this case, the defendant received a written request from the bereaved family members of the victim for the first time in the trial, the fact that there is no record of punishment due to the same kind of crime in the past, and other sentencing factors under Article 51 of the Criminal Act, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is with merit, and the prosecutor's argument of sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered

(On the other hand, the prosecutor's appeal shall be dismissed on the ground that it is well-grounded, but the decision of the court shall not be separately pronounced in the order unless the judgment of the court is reversed).

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 268 of the Criminal Act, Articles 66-2 and 23(1) of the former Occupational Safety and Health Act (Amended by Act No. 16272, Jan. 15, 2019); Article 67 subparag. 1 and Article 23(1) of the former Occupational Safety and Health Act (Amended by Act No. 16272, Jan. 15, 2019);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the crimes of occupational failure and the violation of the Occupational Safety and Health Act (the death of workers due to the failure to take safety measures) and the punishment imposed on the violation of the Occupational Safety and Health Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;