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(영문) 부산지방법원 2017.06.30 2017노977
산업안전보건법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the judgment is recognized and reflected in the crime, that there has been a unanimous agreement with the bereaved family members of the deceased worker, and that there has been no criminal records of the same kind.

However, the lower court appears to have determined a punishment in consideration of such favorable circumstances, and the Defendant’s failure to take safety measures to prevent industrial accidents even though he/she was in the position of overall control over the safety management affairs at the construction site, which led to a serious consequence that is ultimately the workers’ death, and there is no special change in circumstances after the lower court was sentenced, and in full view of various circumstances, such as equity in sentencing with the same similar case, Defendant’s age, sex, environment, family relationship, etc., it is difficult to deem that the sentence imposed by the lower court is too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit, and it is so decided as per Disposition (Provided, That as it is obvious that “E” in the facts constituting the crime of the lower judgment is a clerical error in “G”, it shall be corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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