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(영문) 광주지방법원 2015.11.25 2015노229
산업안전보건법위반등
Text

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

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts (as to the defendant B), the judgment of the court below that acquitted the defendant B on the ground that the defendant B was negligent in not paying due attention to the receipt of the workers during the work process, and that there was an accident in the judgment of the court below, even though it was found that the accident in the judgment of the court below was caused.

B. The lower court’s sentence (two years of suspended execution for ten months of imprisonment, and two hours of community service order 120 hours) against Defendant A is too unjustifiable and unreasonable.

2. Determination

A. The lower court found facts as to Defendant B’s assertion of mistake of facts as to Defendant B: (a) Defendant B received KRW 500,000 per day, including the lease of stree; and (b) Defendant A worked on the site of the instant case; (c) Defendant B performed de-raying work and dismantling work to dismantle the parts of the sand screening line; (d) Defendant B used parts of the sand screening machine fixed to the string line to the string line by the victim or H’s reception; and (e) Defendant B used parts of the sand screening machine fixed to the string line to the string line by the victim and the H et al., if the parts were separated by the victim and the H et al., the lower court did not err in the process of moving the pipe to the ground floor; and (e) Defendant B did not have any error in the process of operating the string line; and (e) the part only part of the pipe line was fixed to the string line, which was difficult for the victim to have been at the lower end of the pipe.

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