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(영문) 울산지방법원 2015.09.25 2015노444
산업안전보건법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (six months of imprisonment, two years of suspended execution, eight months of imprisonment without prison labor, eight years of suspended execution, two years of suspended execution) declared by the court below against the Defendants is too uneasible.

2. Defendant A, a business owner of the board board, is obligated to take measures, such as preventing a fall and providing safety protective outfits, etc., against workers who are engaged in any work that is likely to fall, using a mobile cream, and are obliged to take such measures as preventing a fall and providing safety protective outfits. Although Defendant B, a Crain driver, had the duty of care to take such measures as preventing persons from boarding the Crain work unit and concluding a fixed pin so as not to be dismantled in the Crain support unit, the Defendants neglected the above duty and caused the instant accident. Considering the fact that the instant accident resulted in the serious result of the victim’s death, the Defendants’ criminal liability is considerably heavy.

However, the defendants recognized all of the crimes of this case and are in a profound violation of their depth, and all of the defendants were first offenders with no criminal power; the defendants were in the trial of the victim and their bereaved family members did not want to punish the defendants; the defendants paid 38 million won to the victims' bereaved family members; the defendants paid 10 million won deposit and agreed amount to the victims' bereaved family members; the victims' bereaved family members were paid 10 million won from the insurance company to which the defendant B belongs; and the Industrial Accident Compensation Insurance Fund (2,477,980 won per month) was paid to the victims' bereaved family members; and it appears that certain extent of damage was recovered to the victims' bereaved family members, such as the victim's age, family relation, criminal record relation, character and conduct, environment, means and method of the crime, motive and circumstance after the crime, etc.

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