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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 2.5 million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)
A. The Defendant is merely a contractor of the instant construction work and has no obligation to take safety measures relating to the instant construction work.
B. The instant accident is not a wooden work, but a process of cutting down trees, namely, the process of cutting down trees which are cut in order to facilitate their transport on the following day. Therefore, the instant accident is not related to the breach of duty not to take safety measures at the time of the work of cutting trees and the instant accident.
2. Determination
A. Before the judgment on the grounds of ex officio appeal, the Prosecutor applied for changes in the indictment as stated in the facts charged in the instant case at the trial below, and applied for changes in the indictment as stated in the following. The Court granted permission for each of the following: (a) the subject of the judgment is changed and added; and (b) the judgment of the court below cannot be maintained any further because the subject of the judgment was changed and added.
However, the defendant's assertion of mistake of facts and misapprehension of legal principles is still subject to the judgment of this court.
[Main Facts charged] The Defendant is a business owner of the Felling Corporation (Public Mission: A) that took place on November 2014, the Young-gun, the Young-gun, and the two parcels of land around Gangseo-gu.
In order to prevent any danger caused by bad working methods, etc., the business owner shall determine a certain signal method and inform workers engaged in the relevant work of such method, and take measures to prevent danger, such as determining the route and place of evacuation in advance.
Nevertheless, the Defendant neglected to take measures to prevent hazards caused by bad working methods during the work of a specific tree, such as setting a certain signal method and without setting a warning route and a shelter place in advance, etc., by negligence, and the victim is a person who works at the work site of the above a specific tree on November 10, 2014.