The judgment of the court below is reversed.

Defendants shall be punished by imprisonment without prison labor for six months.

However, this judgment is delivered to Defendant A.

1. The summary of the grounds for appeal is unreasonable because each sentence (a fine of KRW 3 million is imposed on the Defendants; a fine of KRW 6 million is imposed on the Defendants; and a suspended sentence is imposed on the Defendants B) declared by the lower court is too unfasible.

2. The Defendants did not have any history of punishment for the same crime, and deposited 8 million won for the bereaved family members of the victim in the original trial, and 4 million won additionally in the trial.

However, the crime of this case did not install a safety structure that prevents the defendants, the owner or employees of the business owner of the instant marina from entering or approaching the passage of the trucking elevator installed on the third rooftop outer wall, and did not find the victim who was sitting on the bottom wall of the elevator on the day of the case without any safety device to prevent people from accessing the elevator, such as not attaching a warning sign to inform the risks, etc., and did not find the victim who was sitting on the ground of the elevator without any safety device to prevent people from accessing the elevator. The defendant's negligence was grossly significant, and the result was very significant.

Although the victim appears to have borne considerable medical expenses until the death of the victim after the instant case, the Defendants failed to reach an agreement with the bereaved family members of the victim until the time of the death of the victim, and the bereaved family members of the victim wanted to take a severe punishment against the Defendants.

In addition, examining all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the Defendants, the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of the judgment below.