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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 5,000,000.
Defendant
B The above fine.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (the imprisonment of 10 months, the suspended sentence of 2 years, and the fine of 7 million won in case of Defendant C) is too unreasonable.
2. The Defendants’ instant crime against the grounds of appeal is an unfavorable circumstance against the Defendants in light of the following: (a) the Defendants’ instant crime is likely to collapse in the slope of the construction site; (b) the Defendants conducted a pre-examination of the geographical, geographical, and geographical layers; (c) prepare a work plan; and (d) neglect the duty to take safety measures to prevent any danger, such as the installation of a protection net and prohibition of workers’ access; (b) the Defendants’ failure to comply with the duty to take safety measures; (c) the Defendants’ failure to take safety measures to take measures to prevent the victims’ death; and (d) the business owner’s failure to take measures to reduce working costs and hours; and (e) the Defendants’ need to strictly punish the Defendants when considering the occurrence
However, the Defendants led to the confession of each of the instant crimes and against their mistake in the investigation process; the Defendants’ surviving families complained against the Defendants by mutual consent with the victims’ surviving families; Defendant C accepted the retaining wall construction from E during the F-Creation ordered by Ulsan City. The Defendants did not know well about the retaining wall construction and carried out the said construction by using T companies with patents related thereto; and Defendant B made efforts to prevent the instant accident, such as asking the Korea Occupational Safety and Health Agency on August 23, 2017 whether the retaining wall construction could be disbursed from the safety management expenses, and the instant accident occurred at the end of the week.