The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B Judgment on Defendant B is not guilty.

1. The summary of the grounds for appeal 1) Defendant A’s mistake of facts and misunderstanding of the legal principles (hereinafter “instant accident”) as indicated in the lower judgment is difficult to deem that the duty of care is recognized on the ground that the instant accident was committed on the ground that, even though the night work is terminated and the Defendant A did not request the removal of films, the victim was placed in his hand in the machinery, and thus, the occurrence of the accident was unlikely to have been predicted.

(2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2) Defendant B (1) misunderstanding of facts and misapprehension of legal principles, Defendant B breached the duty of care required for the manager of the factory site, such as providing regular safety education to the employees working at the workplace as stated in the lower judgment, returning from time to time, checking the working conditions of employees, demanding attention to prevent accidents, etc., and thus, Defendant B breached the duty of care required for the manager of the factory site.

shall not be deemed to exist.

(2) The punishment sentenced by the lower court (an amount of KRW 2.5 million) is too unreasonable.

2. Determination 1 on Defendant A’s assertion is that the Defendant made the same assertion as the Defendant alleged in the lower court’s assertion of mistake and misapprehension of the legal doctrine.

The court below rejected the assertion on the argument following the summary of the evidence.

Examining the lower judgment in comparison with the record, the lower court’s determination that Defendant A was negligent in performing his duties is justifiable.

Therefore, Defendant A’s misunderstanding of facts and misapprehension of legal principles is without merit.

2) The lower court sentenced the Defendant to a fine of KRW 3 million, taking into account the circumstances unfavorable to the Defendant and favorable circumstances.

In full view of the facts that are conditions for sentencing in the trial, especially the fact that no agreement has been reached with the victim until now, the sentencing decision of the court below is the reasonable limit of discretion when considering the sentencing guidelines.