Text
The judgment of the court below is reversed.
Defendant
A Imprisonment of eight months, and Defendant B shall be punished by imprisonment without prison labor for six months.
except that this shall not apply.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the Defendants (eight months of imprisonment with prison labor for Defendant A and six months of imprisonment with prison labor for Defendant B) is too unreasonable.
2. The degree of negligence of the Defendants is not somewhat weak, and it is necessary to impose heavy liability on the Defendants in that the Defendants lost their lives due to their neglect of duty to take safety measures or their occupational performance, and the victim’s bereaved family members were also suffering from extreme pain.
However, considering the fact that the Defendants were erroneous and are against the law, that the Defendants agreed with the bereaved family members of the victim, that the Defendants did not have any criminal records of the same kind and suspension of execution or more, and that other conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex and environment, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is ruled as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts;
(a) Defendant A: Articles 66-2, 23(3) (the occupation of death of an employee due to a violation of the duty to take safety measures) of the Industrial Safety and Health Act, and Articles 268 and 30 (the occupation of death due to occupational negligence) of the Criminal Act;
B. Defendant B: Articles 268 and 30 of the Criminal Act (the point of death or injury caused by occupational negligence)
1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act (Punishments imposed on a person who violates the heavier Industrial Safety and Health Act);
1. Selection of punishment;
A. Defendant A: Imprisonment with prison labor;
B. Defendant B: Selection of imprisonment without prison labor
1. Article 62(1) of the Criminal Act and subordinate statutes of the suspended execution.