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The judgment below
Among the defendants A, C, D, and E, the part on the defendant A, C, D, and E shall be reversed.
Defendant .
Reasons
1. The main points of the grounds for appeal are as follows: The sentence of the lower court (one year of suspended execution in the six months of imprisonment for each of the defendants A and B, and one year of suspended execution, the defendant C, D and E: each fine of ten million won) is too unreasonable.
2. Determination
A. Before determining the grounds for appeal ex officio (as to Defendant A), the court below, ex officio, selected and sentenced to imprisonment with prison labor by punishing the punishment imposed on the heavier occupational injury and death by reason of the relationship between the crime of occupational negligence and the crime of occupational negligence in violation of the Occupational Safety and Health Act against Defendant and the crime of occupational negligence in violation of the same Act. The statutory penalty for the crime of occupational negligence in Article 268 of the Criminal Act is stipulated as imprisonment without prison labor for not more than five years or a fine not exceeding 20 million won, and the court below erred by selecting imprisonment without prison labor or a fine, and such illegality affected the judgment. In this regard, the court below cannot be maintained further.
B. We examine Defendant B: (a) the Defendant recognized all of the instant crimes; (b) the primary offender; (c) the victim’s negligence in the instant accident appears to exist; and (d) the victim’s bereaved family members and the victim’s agreement was smoothly reached; (b) the victim’s failure to perform his/her duties led to the death of the victim; (c) the Defendant directly managed the victim as the head of the sewage-oriented company directly employing the victim; and (d) the Defendant was more responsible for the relationship between the sewage-oriented company and the supply-demand company; and (d) the Defendant was not responsible for safety devices and on-site management other than the safety net.