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(영문) 전주지방법원 2014.09.26 2014노468
업무상과실치사등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1 (the fine of KRW 5,00,000) sentenced by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In light of the legislative intent of the Occupational Safety and Health Act which imposes various safety measures on an employer according to strict standards to maintain the safety and health of workers by preventing industrial accidents, and the result of the employee's death caused by the employee's breach of duty to take safety measures, the defendant's liability is grave; the defendant's failure to reach an agreement with his/her bereaved family members is unfavorable to the defendant; the defendant's confessions and commits the crime in this case; the defendant and co-defendant B deposited KRW 30,000 for the employee's bereaved family members at the court below; the defendant deposited KRW 5,00,000 for the employee's bereaved family members at the court below; the employee's bereaved family members received insurance benefits of KRW 142,780,620 from the Korea Workers' Compensation and Welfare Service; the defendant filed a lawsuit against the Co-defendant B, who is a co-defendant in the court below in relation to this case; the defendant retired from the company B after this case without any criminal power; and the defendant's age, character and conduct, and circumstances, etc.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25 of the Regulation on Criminal Procedure, the judgment of the court below is ex officio.

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