The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (misunderstanding of facts and misapprehension of legal principles) in this case, the Defendant, at the time of the excavation, could have predicted that a victim, who had worked in the vicinity of the excavated machine, could enter the excavation machine into the radius of the excavated machine, and without properly verifying whether there was a person near the excavated machine, caused the victim's death by causing the excavated machine to cause the damage. Thus, the Defendant's negligence on duty is sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

2. Determination

A. In full view of the following circumstances acknowledged based on the evidence duly adopted and examined, the lower court, based on the evidence submitted by the prosecutor, proves that the Defendant was negligent in the course of business without reasonable doubt.

In short, it was judged not guilty on the ground that there is no other evidence to acknowledge it.

① The Defendant did not sufficiently examine whether there was a workman in the surrounding area while moving back and moving back the excavated machine before the instant accident occurred.

It is insufficient to view it, and there is no other evidence to prove it.

(2) The occurrence of the instant accident occurred on the wind that a person who shall act as a signal signal of an excavated machine does not send the signal to the defendant, and enters the excavated machine within the radius of the work of the excavated machine. The defendant could have predicted that the victim was original by making the excavated machine inside the radius of the work of the excavated machine before moving the excavated machine and turning back the excavated machine.

It is difficult to see it.

B. The court below did not have any further submitted evidence in relation to the facts charged of this case, and closely examined the judgment of the court below in light of the evidence duly adopted and examined, and it is acceptable to find the court below not guilty of the facts charged of this case, and there is a fact.