The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The defendant does not pay the above fine.

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. In light of the fact that the Defendant neglected to take measures such as inspection and maintenance of the machinery, etc. and the result of the death of the victim, etc., the Defendant’s liability is not minor; however, the Defendant’s bereaved family members, in addition to industrial accident compensation, has agreed to pay the agreed amount separately to the victim’s bereaved family members in addition to industrial accident compensation; the Defendant has no record of criminal punishment other than the sentenced one time; and the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and the various conditions of sentencing as shown in the instant records and arguments, such as criminal punishment for other crimes similar to the instant crime, are considered as being equal to that of the Defendant, and the lower court’s punishment is deemed unfair.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 268 of the Criminal Act, Articles 66-2 and 23 (1) of the Occupational Safety and Health Act concerning facts constituting an offense (the point of death of an employee due to non-performance of risk prevention measures);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

5. Article 334 (1) of the Criminal Procedure Act.