(영문) 인천지방법원 2017.08.24 2016노4578 | 리걸엔진

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(영문) 인천지방법원 2017.08.24 2016노4578

산업안전보건법위반

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The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 7,000,000.

Defendant

B and C shall each be subject to the above fine.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (an administrative fine of KRW 10 million) is too unreasonable.

2. The crime of this case in light of the legislative intent of the Industrial Safety and Health Act imposing various safety measures according to strict standards in order to maintain safety and health of workers by preventing industrial accidents, and the Defendants’ serious result in the death of workers due to the Defendants’ breach of duty to take safety measures in order to prevent industrial accidents on the construction site, although the Defendants were obligated to take the fall prevention measures to prevent industrial accidents, and thereby the victim died.

shall not be deemed to exist.

However, in full view of the following circumstances: (a) the Defendants recognized the instant crime; (b) the victim’s bereaved family members were subject to industrial accident insurance equivalent to KRW 200 million; and (c) the victim’s bereaved family members were paid KRW 64 million through the insurance that the Defendant A was subscribed to; (b) the victim’s bereaved family members were recovered from damage to a certain extent; (c) there was no record of criminal punishment against Defendant C; and (d) other circumstances that are conditions for sentencing, such as Defendant B, C’s age, sexual conduct, motive, means and consequence of the instant crime; and (c) the motive, means and consequence of the instant crime; and (d) the sentencing of the lower court is somewhat unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as the relevant column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 71 of the Industrial Safety and Health Act and Article 68 subparagraph 2 of the same Act concerning criminal facts.

유사 판례

-전주지방법원 2014.08.22 2014노200

-광주지방법원 2017.07.11 2016노3051

-전주지방법원 2014.09.26 2014노468

-대구지방법원 김천지원 2016.01.07 2015고단1183

-청주지방법원 2019.01.11 2018노822