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(영문) 부산지방법원 2017.11.10 2017노2347
산업안전보건법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (in the case of Defendant A: four months of imprisonment, two years of suspended sentence, and fine of ten million won in the case of Defendant B) is too unreasonable.

2. All of the judgment of the crime is recognized, and the fact that the victim's bereaved family members paid KRW 50 million to the victim and the agreement was reached smoothly is favorable.

However, the lower court appears to have determined a sentence in consideration of such favorable circumstances, and there is no change of circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment; Defendant A failed to take safety measures to prevent industrial accidents even though a person who substantially operates a corporation B and was in a position to exercise overall control over the safety management affairs at the construction site; this led to a serious result that is ultimately unable to take account of the victim’s death; Defendant A has a history of criminal punishment over a number of times for various kinds of crimes; and other various sentencing factors in the process of records and trial, it is difficult to view that the lower court’s punishment is too unreasonable, taking into account the following factors:

Therefore, we cannot accept the defendants' above argument of sentencing.

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

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