The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

1. Summary of grounds for appeal;

A. Defendant B (i) misunderstanding of the facts or misapprehension of the legal principles, ① A person with the authority to receive system non-form materials from the scene of the instant accident, who is a manager at the site of the F company, was the A and the work manager at the site of the F company, and the Defendant was fully responsible for the signal number in the course of loading and unloading the non-form materials of the instant system. ② The instant accident occurred due to the cause that the length of the high-standing trees installed at the bottom of the cargo was smaller than the width of the cargo, thereby leading up to the weight of the cargo. Since the duty to load and unload the non-form materials of the instant system was the victim as the truck driver, the victim’s fault is ultimately deemed the direct cause of the instant accident. In light of the fact that the victim’s fault was the victim’s duty of care to manage and supervise the loading and unloading of the materials or to take safety measures therefor.

shall not be deemed to exist.

2. The sentence of the court below which was unfair in sentencing (2 years of suspended execution in August) is too unreasonable.

B. The Prosecutor (in respect of the Defendants: the Defendants: 2 years of suspended execution in August of each of their imprisonment without prison labor) is too unhued and unfair.

2. Determination:

A. In light of the following circumstances, Defendant B’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the first instance court and the first instance court lawfully adopted and investigated the evidence, and the Defendant was not merely in charge of the signal number role at the site of the instant accident at the time of the instant accident, but directly involved in the loading and unloading of the instant system non-materials, while directly participating in the loading and unloading work.

It is reasonable to see that the Defendant, who was in charge of loading and unloading of the non-processed materials of the instant system with heavy weight, has a duty of care to prevent accidents by closely checking whether or not there is any risk of falling, etc. before loading and unloading the non-processed materials of the instant system.