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(영문) 의정부지방법원 2018.08.21 2018노587
산업안전보건법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of suspended sentence to six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The fact that the Defendant appears to have the attitude of recognizing and opposing the crime, that the victim’s bereaved family members and the victim’s bereaved family members have agreed to pay the agreed amount in accordance with the agreement to pay the agreed amount, and that the Defendant has no record of punishment for other crimes except that he/she has been punished once by a fine.

However, this case is a result of the death of a person due to the Defendant’s violation of the duty to take safety measures, and there is no change of circumstances that should be considered in the first instance and the degree and result of the Defendant’s violation of duty (the agreement additionally paid in the first instance is in accordance with the existing agreement and it is difficult to view it as a special change of circumstances as long as the agreement is reflected in the fact of the agreement in the original instance). In addition, even considering all of the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, environment, and family relationship, the lower

Therefore, the defendant's above assertion is rejected.

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

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