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(영문) 대전지방법원 2015.12.10 2015노1660
산업안전보건법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, suspended execution for one year, Defendant C: imprisonment without prison labor for three months, suspended execution for one year) is too unreasonable.

2. In light of the above, the Defendants’ mistake against themselves, Defendant A is the first offender who has no record of criminal punishment, Defendant C has no record of criminal punishment, Defendant C had no record of criminal punishment in addition to once a fine, Defendant C agreed with their bereaved families, and B Co., Ltd. to which the Defendants belong made efforts to prevent accidents, such as entrusting safety diagnosis to specialized companies after the occurrence of the instant accident.

However, in light of the legislative intent of the Occupational Safety and Health Act, which imposes various obligations to take safety measures and health measures necessary to ensure the safety of workers who are at risk at industrial sites and to prevent risks that may occur to workers, there are disadvantageous circumstances, such as the fact that the nonperformance of safety measures obligation is in need of strict punishment corresponding thereto, and in addition, comprehensively taking account of all the sentencing conditions of the Defendants, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, it is not deemed that the sentence of the lower court is too unreasonable to the extent that the sentence is reversed.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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