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The prosecutor's appeal is dismissed.
Reasons
1. The scope of the judgment of the court below is limited to co-defendant A who did not appeal, and the prosecutor did not appeal to the same defendant, and the judgment became final and conclusive. Thus, the scope of the judgment of this court is limited to the remaining parts except the part of the judgment against the above co-defendant A
2. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and two years of suspended execution) is too unhued and unreasonable.
3. The judgment of the Defendant is recognized as the actual operator of a limited liability company A, which is the place where the instant accident occurred, who has neglected to take necessary safety measures in order to ensure the safety of workers and to prevent risks that may occur to workers within the workplace. The instant accident was caused by the Defendant’s ordering the victim without a construction machine license to engage in the work using the digging machine, and the Defendant’s negligence causes serious damage that may not be complied with by the victim’s death.
However, the fact that the defendant is divided into and reflected in his criminal act from the investigation stage to the trial stage, and the defendant pays 50 million won to the wife of the defendant who is the representative of the victim's bereaved family at the investigation stage, and agreed that the bereaved family members of the victim expressed their intention not to punish the defendant, and that the victim of the accident in this case is the victim's hand sliffing, who died of the accident in this case will also live together with a large amount of slifs and siffess about the crime, and that the defendant has no record of punishment for the same crime and has no record of criminal punishment since 2012
In addition, considering the defendant's age, character and conduct, environment, relationship with the victim, and other sentencing conditions, the sentence of the court below cannot be deemed as being too uneasible and unfair.
4. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.