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(영문) 의정부지방법원 2014.07.10 2014노723
산업안전보건법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 500,000) is too unreasonable.

2. The Defendants’ act appears to be against the recognition of the instant crime, and even though the Defendants’ act did not have any special accident due to the Defendants’ act, it cannot be deemed that the Defendants’ act is light of the nature of the crime in that the Defendants’ act would have increased the risk of an accident at a construction site due to the Defendants’ act.

In addition, in light of all the sentencing conditions indicated in the records of this case, such as Defendant A’s age, character and conduct, environment, motive, means and consequence of the Defendants’ crime, etc., it cannot be deemed that the sentence of the lower court against the Defendant is too unreasonable.

3. If so, the Defendants’ appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, Article 71, Article 67 subparag. 1, and Article 23(1) of the Industrial Safety and Health Act are deemed to have been written by mistake. Thus, Article 67 subparag. 1, Article 23(1) of the Industrial Safety and Health Act, Article 71, Article 67 subparag. 1, and Article 23(1) of the Industrial Safety and Health Act, Article 77 subparag. 1, Article 27 subparag. 1, and Article 23(1) of the Industrial Safety and Health Act are amended ex officio

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