The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court’s sentencing is unreasonable.

2. The Defendant, as a general manager at the construction site, neglected his/her duty to take safety measures despite being in a position responsible for the safety of workers. Accordingly, the Defendant, a worker, was at the construction site managed by the Defendant and caused the death of the victim. In light of the fact that the Defendant, even prior to the instant case, committed an accident resulting in the death of a worker by violating the duty to take safety measures and repeated criminal punishment despite the history of criminal punishment, it is necessary to impose heavy liability on the Defendant corresponding thereto.

However, the court below's punishment against the defendant is too unreasonable considering the circumstances favorable to the defendant that the surviving family members do not want punishment against the defendant by mutual agreement with the bereaved family members of the victim, considering the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc. in light of the balance between the sentencing factors and the similar factors of all the sentencing factors as shown in the argument of this case, such as the defendant's age, career, character and behavior, environment, motive and circumstance after the crime.

3. In conclusion, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is judged as follows.

[Reasons for the judgment used again against the defendant] Criminal facts and summary of evidence recognized by the court is identical to those stated in paragraph (1) of the crime and summary of evidence among the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Occupational Safety and Health Act and the former Occupational Safety and Health Act concerning criminal facts;