The prosecutor's appeal is dismissed.

1. The summary of the facts charged is a person engaged in commodity management, etc. at the fourth floor of the Gangnam-gu Seoul Metropolitan Government C building to the head of the department, and at the same time engaged in repairing defects of the above building.

On April 15, 2010 from around 20 to around 20th of the same day, the Defendant discovered that the lid lids from the front parking lot of the building in front of the above C building are damaged (the passage created to allow people to enter to repair the inner facilities such as septic tanks) and became in charge of the repair and replacement of the lids from the front parking lot of the building.

Since the inside of the above temporary landscape septic tank is a structure that is used as sewage and wastewater, and its depth is approximately 3.5 meters in depth, and it is impossible to get off from the outside due to the power of the mixed person, so in such a case, a person engaged in the defect repair work of the above building and its surrounding areas has a duty of care to promptly replace or repair lids, or use words indicating safety signs or risks to prevent others from approaching them.

Nevertheless, the Defendant neglected the above duty of care and obstructed repair and replacement due to the negligence that caused delay in repair and replacement, such as saving a new lid from the time of the damage of the last lid without installing a safety sign, etc., at the end of May 20, 2010, the Defendant: (a) caused the death of a private person, under the circumstances that: (b) the victim F (the age of 66) who was cleaning the surrounding area of the said building fell into the septic tank by making the said lid fall into the septic tank through the said manle around April 20, 2010; (c) the Defendant f (the age of 66) caused the death of a private person, under the circumstances that: (a) caused the death of the victim, who was unable to break out from the said septic tank, by cutting down the garbage inside the septic tank; and (d) caused the damage to the outside of the said septic tank.

2. The judgment of the court below

A. According to the evidence submitted by the prosecutor, the victim F (hereinafter “the deceased”) is a few parts of the Gangnam-gu Seoul Metropolitan Government G located.