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(영문) 춘천지방법원 2014.02.12 2013노660
산업안전보건법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) discovered significant violations at the construction site of the Defendant Company at the time of the on-site inspection by the Employment and Labor Agency, and most of them were discovered due to the Defendant Company’s failure to pay particular attention, even though N of the Construction Safety Technology Institute affiliated with the State had already provided technical guidance, and thus, the Defendant Company should be deemed to have neglected the duty of supervision and supervision for the safety management at the construction site.

2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the above legal principles and records, the court below's decision that found the defendant company not guilty of this part of the facts charged is justified, and there is no additional evidence to reverse the above judgment of the court below. Thus, the prosecutor's above assertion is without merit. In light of the above legal principles and records, the court below's decision that found the defendant company not guilty of this part of the facts charged is justified.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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