The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Since misunderstanding of facts and misapprehension of legal principles are difficult to continue work on the day of the instant case, the Defendant arranged the site to E and retired from work, and the Defendant felled while performing the liquidation work under the influence of drinking alcohol, and there is no negligence on the part of the Defendant.

The construction site of this case is not in the situation where safety devices are installed for the prevention of fall on a flat rooftop, but the obligation to install safety devices for the prevention of fall is against co-defendant A, who is responsible for the construction site of this case, so the failure to install safety devices is not at fault of the defendant

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

In full view of the evidence duly admitted and examined by the lower court, the following facts can be recognized.

① On August 9, 2011, Co-defendant A received construction from the owner H of the multi-family house in Dongdaemun-gu Seoul (1, 2, and 3 floors, each house, rooftop, and hereinafter “instant building”) located in Dongdaemun-gu Seoul (hereinafter “instant building”) to remove rooftop and water tanks on the rooftop of the instant building and to extend Class II neighborhood living facilities (offices) on the fourth floor.

② Defendant B is the site manager at the site of the instant building extension project, and Victim E was a daily worker from August 11, 201 to remove a rooftop and water tank. A rooftop was part of the rooftop of the instant building, but was at the edge of the instant building.

③ Defendant and Co-Defendant A did not take safety measures, such as installing a fall prevention net or a pair line at the site of the removal of the instant building, and the removal work was carried out by destroying the wall of the rooftop, and the removal work was carried out by destroying the wall of the rooftop, and the damaged bricks, concrete ices, and fences were opened on the floor, and one wall of the rooftop tower was likely to fall during the removal work at the edge of the rooftop.

(4) E shall work under the influence of alcohol.

. An accident.