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(영문) 대전지방법원 2013.12.19 2013노1935
산업안전보건법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The penalty of KRW 7,00,000, imposed by the lower court on the summary of the grounds of appeal is too unfasible and unreasonable.

2. The judgment is based on the fact that the victim died due to the crime of this case. Nevertheless, the defendant is recognized as having not yet agreed with his bereaved family members, but there is no record of the defendant being punished for the same kind of crime. In the occurrence of the accident of this case, the victim's care seems to have been one cause, the victim's bereaved family members received an amount exceeding KRW 100 million with the industrial accident compensation insurance, and the defendant deposited an additional amount exceeding KRW 80 million for the victim's bereaved family members, and other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, motive, means and consequence of the crime of this case, etc., the sentencing of the court below is too unjustifiable, and the prosecutor's above assertion is without merit.

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

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