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The judgment of the court below is reversed.
Defendant
A Company 5,000,000 and Defendant B are punished by fine 15,000,000.
Reasons
1. The summary of the grounds for appeal (e.g., both types of punishment (e., a fine of KRW 7 million for Defendant A, Defendant B: imprisonment of KRW 8 months) of the lower court is too unreasonable.
2. In light of the arguments and the reasons for sentencing indicated in the records of the instant case including the circumstance of the instant accident and the circumstance after the accident, etc., the lower court’s punishment seems to be unreasonable, since it appears that the Defendants’ respective punishment is unreasonable, the Defendants’ assertion of unfair sentencing is with merit, on the grounds that the Defendants’ respective punishment appears to be unreasonable, as it appears that the Defendants’ assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is made after pleading.
【Grounds for the Judgment of the Court, 【The facts constituting a crime and the summary of evidence admitted by this Court” are as stated in the respective corresponding column of the judgment below except for changing the Defendants’ respective legal statements “1. The Defendants’ respective legal statements” to “1. The Defendants’ respective legal statements,” thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A Co., Ltd.: Articles 71, 66-2, and 23(1)1 of the former Occupational Safety and Health Act (Amended by Act No. 16272, Jan. 15, 2019; hereinafter the same shall apply), Articles 71, 67 subparag. 1, and 23(1)1 and 3 (in the event of failure to take risk prevention measures), Articles 71, 67 subparag. 1, and 23(3) (in the event of failure to take risk prevention measures), and Articles 71, 67 subparag. 1, and 23(1), 71, 67 subparag. 1, and 24(1).