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(영문) 수원지방법원 2017.11.20 2017노5097
산업안전보건법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unfasible to the sentence (3 million won in penalty) declared by the court below against the defendant.

2. The judgment of the defendant shows an attitude against his or her will when he or she misleads the defendant, and the defendant has no record of criminal punishment of suspension of qualifications or more.

However, each of the crimes of this case committed by the defendant under a contract for the construction of a multi-family house and without installing a window at the window of the main part of the stairs in the process of executing the construction of a multi-family house, but without doing so, it is necessary to take measures to prevent the workers from falling, installing a rail on the part of the stairs or getting off or extinguishing the bridge so that workers do not fall, and thereby resulting in a serious result of the death of the worker. In light of the content and result of each crime, the degree of violation of the duty of care, etc.

Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the prosecutor's above assertion is reasonable, since the punishment imposed by the court below against the defendant is deemed to be unfair because it is uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in its entirety and it is again decided as follows after pleading pursuant to Article 364 (6) of the Criminal Procedure Act.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 67 Subparag. 1, Article 23(3) of the relevant Act on the Safety and Health of Industry (the act of taking safety measures by a business owner) and Article 268 of the Criminal Act (the act of occupational negligence) concerning criminal facts.

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