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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 5,000,000.
Defendant .
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (for 4 months of imprisonment, 1 year of suspended sentence, and 5 million won of fine) is too unreasonable.
2. Judgment on the grounds for appeal
A. Although Defendant A did not properly perform measures to prevent risks in the industrial field as a site warden at the construction site, Defendant A failed to take measures to prevent risks in the industrial site, Defendant A’s failure to perform such measures. Although there is an unfavorable circumstance for Defendant A, such as that the responsibility for the crime is not light, Defendant A will proceed with construction by complying with the future safety rules.
In light of the following circumstances: (a) the suspension order is revoked by implementing the safety measures after the instant construction site after the instant crime was committed; (b) Defendant A has no record of being punished for the same kind of crime; (c) the construction site of this case has not caused safety accidents; and (d) the motive and background leading up to the instant crime; (b) the method and method leading up to the instant crime; (c) the circumstances before and after the instant crime was committed; (d) the Defendant A’s age, sexual conduct, environment, occupation, family relationship; and (e) the sentence imposed by the lower court is too unreasonable.
Therefore, Defendant A’s appeal is justified.
B. Although there are no circumstances to consider the circumstances such as the cancellation of the suspension order by implementing safety measures as a result of the instant construction site after the instant crime, the lower court already determined the punishment by taking into account the circumstances favorable to the Defendant, and there are no special circumstances or circumstances newly considered in sentencing after the sentence of the lower judgment, and in full view of various other circumstances, which are the conditions for the argument and the sentencing indicated in the instant case, including the motive and background of the crime, the means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the said Defendant is too excessive.