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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to evidence submitted by a mistake-finding prosecutor, the court below found Defendant A as guilty of a violation of each of the occupational health and safety regulations under Articles 51, 332 and 331(1) of the Rules on the Standards for Occupational Safety and Health (Safety Maintenance of Building Articles or Facilities similar thereto), 332 subparag. 14, and 331(1) of the Rules on the Standards for Occupational Safety and Health (Safety Measures such as Macamba, etc.), Defendant B as violation of the Occupational Safety and Health Act (ii) violation of Article 32 subparag. 14 (Safety Measures such as Macamba, etc.) and Article 331(1) of the Rules on the Occupational Safety and Health (Macamba, etc.) of the Rules on the Standards for Occupational Safety and Health of Defendant A and Y enterprises (iii) violation of each of the occupational health and safety violations under Articles 51, 332, and 331(1) of the Rules on the Standards for Occupational Safety and Health of Defendant B.
B. The lower court’s sentence of unfair sentencing (Defendant A and YA Co., Ltd.: each suspended sentence (a fine of 1.5 million won to be suspended from the sentence, and a fine of 700,000 won to be imposed): The sentence is too unfeasible and unfair.
2. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of the facts charged in this part of the charges [Defendant A] The Defendant, among the “D main complex construction site” located in Gyeyang-gu Seoul in Gyeyang-gu Seoul, was a person who was engaged in the safety management of workers belonging to the wedding Co., Ltd. as the head of the site office of the subcontracted “alley-gu Construction Work site”, and on December 31, 201, 11, at around 17:40, 201, 11 persons such as F et al., engaged in the construction of concrete on the above ground floor.
1 Business owners shall have the load load load, snow, wind pressure, earthquake, vibration, impact, etc. from among persons with respect to buildings or similar facilities.