The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the reasons for appeal (the 2 years of suspended execution and the 1.5 million won of fine in the imprisonment of 8 months) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant confessions each of the crimes of this case, and is divided.

The Defendant seems to have failed to report the instant work in advance.

The company of this case agreed with the bereaved family members of the victim.

The instant company fully implemented the corrective order related to safety and health that was received after the instant accident.

The defendant has no history of criminal punishment.

Circumstances unfavorable to the defendant are as follows:

In the instant accident, the result of damage is very serious due to the death of three workers.

Around December 2015, the instant company prepared a program for health work of sealed space. According to the foregoing, ① Safety equipment, such as hazardous gas concentration measuring devices, ventilation panty, air conditioning apparatus, air air conditioning apparatus, or air-resistant fibers, etc., are leased by the Korea Occupational Safety and Health Agency, etc., and ② measure the concentration of oxygen and harmful gas before entering the port, ③ measure the concentration of oxygen and harmful gas, and ④ take a work for sealed space health, but the Defendant did not actually provide education to properly implement the program or instruct the project to comply with the said program.

In addition, the above program includes “water tanks, etc. containing easily decomposed or decomposed materials, etc. inside the manle, etc.” in the concept of a closed space, and the water tank of this case is closed by a space of about two meters in width, length, and depth, and it can be easily predicted that the water tank of this case constitutes a closed space where wastewater such as a restaurant, shower, etc. flows in.