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1. Defendant A’s judgment is reversed.
Defendant shall be punished by imprisonment without prison labor for a period of eight months and a fine of ten million won.
The defendant above.
Reasons
1. Judgment on Defendant A
A. The gist of the prosecutor’s appeal 1) In full view of the evidence submitted by the prosecutor by misunderstanding the facts and misapprehension of the legal principles (the part on occupational and practical injury and injury) and the prosecutor, Defendant A’s negligence, which led to the collapse of the E 3th floor building and the F4th floor building, and G4th floor building adjacent to the building (hereinafter “instant building”), thereby causing the death of the victim K, Q, and the injury to the victim R, S, T, U, and V, can be sufficiently recognized.
2) Improper sentencing
B. Of the facts charged against Defendant A, Defendant A, as the representative director of the International Limited Company, the owner of the instant building and the building adjacent thereto in Jinju-si, Defendant A was operating the “J Council member” using the entire floor or part of the instant building. On July 2016, Defendant A, as the representative director of the instant building and the instant building, intended to extend the passage of the instant building that connects the third floor of the instant building (127.8 square meters) and the immediately adjacent to the instant hospital, to remove the third floor of the instant building, to remove the bearing wall of the instant third floor, and to change the purpose of use of the instant building to the hospital facilities. However, Defendant A, as the owner of the instant building and the building adjacent thereto, had been operating the “J Council member” by using the entire floor or part of the building. Defendant A, without having any authority over the instant construction and construction permission, was performing the construction work with respect to the instant third floor (the instant building’s removal to the instant third floor).
The building of this case was newly constructed in 1972 and was 44 years ago, and the first and second floors were built of steel reinforced concrete structure, while the third floors are built of cement block without any steel bars, unlike all fireproof walls and outer walls, and all internal walls of the third floor are built of cement block.