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(영문) 대구지방법원 2016.07.13 2016노1186
산업안전보건법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. It is recognized that the Defendant’s mistake is divided, and that employee D’s bereaved family members paid 381,739,049 won for damages and consolation money in addition to the amount of bereaved family’s benefits and funeral expenses paid by employee D’s bereaved family members in the Labor Welfare Corporation.

However, the Defendant had the record of having been sentenced seven times to a fine and has the record of being sentenced two times to a fine for the same crime, and there is no change in circumstances that make the employee D death due to the violation of the Industrial Safety and Health Act, and that there is no change in circumstances that make the original judgment and the punishment different from the original judgment, and in addition, considering all of the sentencing conditions in the instant argument, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, the motive, means and consequence of the instant crime, etc., the lower judgment’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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